Colorado LegiSource

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

Author: olls

  • The 2026 Legislative Session Is Comin’ in Hot

    The Second Regular Session of the Seventy-Fifth General Assembly will convene on January 14, 2026.

    The 2026 legislative session will convene at 10 a.m. on Wednesday, January 14, but, as those of us who follow the legislature know—particularly OLLS drafting attorneys—bill drafting starts long before that date. In fact, legislators have been submitting bill requests for the upcoming session since the end of the last session. (Thank you, early birds!)

    Life outside the Capitol can get very busy – especially when there is a special session like we had in August –  making it easy to forget that the first bill request deadline for legislators is December 1. This first deadline is for a legislator’s first three bill requests. After December 1, a legislator may submit up to two additional bill requests, for a total of five bill requests allowed by rule per legislator per session.*

    Once a legislator has submitted bill requests to the OLLS, the legislator must choose one of those requests to be a “prefile” bill. The designated prefile bill must be drafted, edited, revised, finalized, and filed with the House or the Senate several days before the January convening date. Generally, the bill deadlines require legislators to have completed, with the help of OLLS drafters, the bulk of their bill drafting well before the first day of the legislative session.

    What legislators need to know about requesting bills [Joint Rule 24 (b)(1)(A)]:

    • The Joint Rules allow each legislator five bill requests each session. These five bill requests are in addition to any appropriations, committee-approved, or sunset bill requests that a legislator may choose to carry. (Legislators are not required to carry five bills.)
    • To reach the five-bill request limit within the bill request deadlines, legislators must submit at least three bill requests to OLLS by the early request deadline (December 1). Then legislators must submit the remaining  two requests (assuming the legislator is under the five-request limit), by the seventh legislative day. For the 2026 legislative session, this deadline is January 20.
    • If a legislator submits fewer than three requests on or before the early bill request deadline, the legislator forfeits the remaining of those three bill requests due by that date, but the legislator may still request two additional bills by the January 20 deadline.* (Legislators are not required to carry five bills.)
    • The first bill request deadline is still a couple of months away, but OLLS recommends legislators work with drafters well ahead of the December 1 deadline on the first three bill requests. (Hint hint!) The legislator will also need to quickly decide which of these requests will become a “prefile” bill, which needs to be filed for introduction prior to the first day of the legislative session. For the 2026 legislative session, the deadline to file prefile bills with the House and Senate is Friday, January 9.

    Legislators can submit bill requests to OLLS by phone, email, or in person. (We like it when you stop by! Note, however, that we are all working remotely until we can move into our new location on the third floor of the Annex Building, so please wait to stop by in person until after we move into the Annex in late October.) Including as much drafting information as possible and the names of any contacts with drafting authority helps bill drafters start work on the bill request right away.

    Legislators: If you have not yet submitted a bill request, you are encouraged to do so as soon as possible. Bill requests may address any subject and do not need to be completely conceptualized. The assigned bill drafter will help you with the wording of your bill, and the bill drafting process allows for potential issues or problems to rise to the surface and make it easier for you to decide whether the idea is “workable.” If a request is no longer needed or wanted, you can withdraw and replace it with a new request, as long as that decision is communicated to the bill drafter before the December 1 bill request deadline. By submitting bill requests and draft information as quickly as possible, legislators give OLLS drafters and editors more time to work on the drafts and make it easier to determine if there are duplicate bill requests and work out any drafting kinks before the first day of session.

    Legislators can submit more than three requests before the early bill request deadline. If a legislator submits three requests by December 1 and later withdraws one of them, the legislator forfeits the withdrawn bill request because the rules allow a legislator to submit only two bill requests after the December deadline.* If a legislator submits four bill requests by the early bill request deadline and later withdraws one, the legislator is left with three bill requests that met the early request deadline. That legislator can still submit the two requests that are allowed after the early bill request deadline—for a total of five bill requests.

    Upcoming deadlines: Too many to remember and too important to forget! Click here for the 2026 deadline schedule. 

    But for now, remember these 2026 bill request deadlines:

    • Monday, December 1, 2025. The last day for legislators to request their first three (or early) bill requests. After this date, legislators are only allowed two additional bill requests, with a limit of up to five bill requests total. 
    • Tuesday, January 20, 2026. The last day for legislators to request their final two (or regular) bill requests. (This applies only to legislators who have not yet requested all five of their allowed bills.)

    Good luck, legislators, and please don’t hesitate to reach out to OLLS with any questions!

     * A legislator may seek permission from the House or Senate Committee on Delayed Bills, whichever is appropriate, to submit additional bill requests or to waive a bill request deadline. 

  • Looking for Answers? A Wealth of Policy Resources Are at Legislators’ Disposal

    Editor’s note: This article was originally written by Julie Pelegrin and posted on June 28, 2012. This version has been edited and updated for this publication.

    If you’re a legislator starting work on legislation for the next session or you just have some questions and are interested in information on specific policy areas, there are several resources available to you.

    First, the Office of Legislative Legal Services is available year-round to research any constitutional, statutory, or other legal questions that legislators may have. Whether the question is specific to legislation or whether you are building subject-matter knowledge, we are available to speak with legislators, research issues, meet to discuss legal questions, and provide written materials to assist you in your legislative duties. If a legislator’s questions are more policy related or if you’re interested in learning how state agencies are implementing legislation, the Office of Legislative Legal Services will work with colleagues in the Legislative Council Staff office to provide the answers.

    Both offices also have a virtual library of memos and briefs on many legal and policy topics. The Legal Services website has a Resources and Guides page with a cornucopia of resources, including constitutional requirements, bill anatomy, rules of statutory construction, bill requests, legislative lingo, legislative process, house rules at a glance, senate rules at a glance, and many pages covering frequently asked questions. The website also includes summaries of recent judicial opinions and the most recent Digest of Bills, as well as archived digests going back to 1943. The Digest of Bills provides a short summary of each bill enacted during a legislative session. 

    The Legislative Council Staff website has a lot of helpful information. The Economy and Budget page has information that can help inform a legislator about fiscal matters affecting proposed legislation. This includes economic forecasting, budget and tax information, school finance, and those oh-so-important fiscal notes, which estimate the fiscal impact of each bill. The website also has a Research and Publications page, which includes summaries of major legislation, issue briefs, and memoranda and resource books. Finally, the Legislative Resource Center page contains information about the legislative library and other places to find even more detailed information.

    The General Assembly website has a wide variety of helpful information, including bill information, committee information, audit information, the law of Colorado, budget information, calendars and agendas for interim committees, and access to Blue Books for upcoming and past elections. The Blue Books provide summaries and arguments in favor of and against statewide initiatives and referred measures.

    In addition, a legislator may also request research from the Council of State Governments, or CSG, the American Legislative Exchange Council, or ALEC, and the National Conference of State Legislatures, or NCSL. All of these entities are, by statute, joint governmental agencies of Colorado and of other states that cooperate through them. Each member of the Colorado General Assembly is automatically a member of CSG and NCSL and is eligible to join ALEC.

    CSG, ALEC, and NCSL all have staff who are experts in various subject areas and are available by telephone and email to answer questions and assist legislators with research. In addition, each organization has a large variety of research materials, articles, surveys, and comparative information available through their websites. CSG and NCSL also have several archived webinars on a wide variety of topics that are available for view at no cost.

    Finally, if a legislator is interested in legislation on a particular topic, each of these organizations may be able to provide examples. The NCSL website provides access to a 50-state bill tracker that you can use to find legislation introduced in recent legislative sessions in each of the 50 states. To access this information, you will need to log in as a legislator or as legislative staff.

    Both the CSG and ALEC websites also provide access to examples of legislation. As mentioned above, NCSL has a bill tracking database, and CSG publishes compilations of draft legislation through its Shared State Legislation program. A committee of legislators and legislative staff from each state selects draft legislation to include in the publication with the goal of assisting each state in learning from the experiences in other states. Members of ALEC can access model legislation that is drafted and recommended by standing task forces on various subject areas. Each task force includes legislators from around the country and representatives of private sector partners who are members of ALEC.

    In addition to having very helpful websites, CSG, ALEC, and NCSL each host meetings throughout the year. At these meetings, legislators and legislative staff from around the country meet to discuss policy areas and get information and presentations from experts in a variety of subject areas. These meetings also provide an excellent opportunity to network with legislators from other states and discuss the diverse approaches the states take in addressing similar issues. If you are ever interested in attending any of these meetings, see each organization’s website for more details.

    As you can see, lots of resources are available to help legislators and other stakeholders set policies, draft legislation, and navigate the legislative process. And if you still need help—don’t we all at times?—OLLS, your other staff agencies, and many nongovernmental organizations stand ready to provide it.

  • OLLS is moving out of the Capitol

    The Office of Legislative Legal Services will be working remotely from September 18 through mid-October as the office moves from the Colorado State Capitol to the State Capitol Annex Building. If you need to contact OLLS staff, please feel welcome to reach out to the OLLS Front Office at (303) 866-2045 or olls.ga@coleg.gov. See you in our new office space soon!

  • Legislative Special Session to Convene on August 21

    On August 6, 2025, the Governor issued Executive Order D 2025 009, calling the General Assembly into a special legislative session beginning at 10:00 a.m. on August 21, 2025. Some may be wondering what, exactly, is a special session and how does it work?

    The most obvious things that are different about a special legislative session are:

    1. The General Assembly is in session, even though the regular, 120-day legislative session has ended, and they can remain in session as long as they choose to do so; and
    2. The General Assembly is limited to addressing only certain subjects while meeting in special session.

    Governor’s Authority: Article IV, section 9 of the Colorado Constitution authorizes the Governor to convene the General Assembly “on extraordinary occasions” by a proclamation, known as “the call,” that specifies the purposes for which the General Assembly is to convene. The only business the General Assembly may transact during the special session is the business the Governor specifically identifies in the call. The Governor decides what is an extraordinary occasion and sets the agenda of issues that the General Assembly may consider. The Governor’s call also sets the date and time at which the special session must begin.

    The aforementioned Executive Order is the Governor’s call, directing the General Assembly to convene the First Extraordinary Session of the Seventy-fifth General Assembly  on Thursday, August 21, 2025. The call lists specific subjects for consideration, appropriate legislative action, and funding under the headings of fiscal, health care, food security, and artificial intelligence.

    Agenda Items: The Governor sets the agenda items, but the Colorado Supreme Court has held that the governor cannot prescribe the specific form of legislation. The Governor cannot describe the agenda items so narrowly that the General Assembly is forced, in the words of the Court,[1] “to do the bidding of the governor, or not act at all.” The General Assembly decides whether to enact legislation to address the agenda items and, if enacted, how the legislation will address the agenda items.

    The question of whether a bill or resolution fits within the agenda items is a substantive, not a procedural, question and cannot be decided by a ruling of the chair of a committee or by a ruling of the President of the Senate or the Speaker of the House of Representatives. Similar to deciding whether a bill is constitutional, the Senate and the House decide whether a bill fits within the agenda items when they vote on the bill or resolution.

    Timing: Although the General Assembly must convene on the date and time specified in the call, the General Assembly decides how long the session will last. The Governor may not set a date by which the General Assembly must adjourn.

    General Assembly’s Authority: During a special session, the General Assembly retains its full plenary authority,[2] other than being limited to the agenda items listed in the call. The General Assembly may convene and, after establishing the presence of a quorum, immediately adjourn. The General Assembly may consider but refuse to pass any legislation during a special session, or it may pass one or more bills that address one or more of the agenda items in the Governor’s call. The Governor has no authority to either force the General Assembly to stay in session or force the General Assembly to adjourn.

    Rules and Procedure: Although the agenda is limited, a special session operates under the same constitutional requirements and legislative rules, other than the deadline schedule, that apply during a regular session:

    • Each bill must have a single subject;
    • Each introduced bill must be assigned to a committee and receive consideration and a vote on the merits; and
    • The vote on second reading and the vote on third reading must occur on different calendar days, so it still takes at least three days to pass a bill.

    All of the legislative rules with regard to committees and the operations of the Senate and the House that apply in a regular legislative session also apply in a special legislation session. In addition, the General Assembly may set specific parameters for preparing and organizing a special session.

    If you have additional questions about how the General Assembly operates during a special session, please consult this special session FAQ memo available on the Office of Legislative Legal Services website. 

    [1]  Empire Savings, Building and Loan Association v. Otero Savings and Loan Association, 640 P2d 1151, (1982 Colo.).

    [2] LegiSource Article “Plenary Power – How Far Can The General Assembly Go?“

  • LegiSource is on Hiatus

    LegiSource is on Hiatus

    The Colorado LegiSource is taking a break for the next several weeks. We expect to resume postings in September. In the meantime, if you have questions you would like answered or issues you would like to see discussed, please contact us at feedback@legisource.net.

  • We’ve Cooked Up Several New Dishes for Colorado

    We’ve Cooked Up Several New Dishes for Colorado

    by Jery Payne

    We began our legislative session with many ingredients: bill drafts, budget idea, legislative priorities, legislators, lobbyists, staff and the people of Colorado. We fired up the session and started cooking up policies and bills. Not every recipe made it to the table, but most did. Some good dishes were served, but we won’t know how just how good they were until folks sit down to eat. No doubt some of the recipes will need a bit more or less salt, spices, or broth.

    There were a lot of cooks in the kitchen, which brought a bit of heat, chaos, and creativity. We had 120 days to stir in ingredients, keep the pot bubbling, and adjust the flame. Some dishes cooked up quickly and easily; some dishes were mixed, bubbled, and seared for the entire time. These ended up attracting lots of interest from the other cooks, so there were lots of recipe changes. Sometimes we gave up, and sometimes the dish was brought to fruition. The bills and policies were chopped, mixed, and sautéed until sine die. That’s when all the pots and pans had to come off the stove. As Gordon Ramsay says, “when you cook under pressure, you trade perfection”.

    Now that the dishes have cooled a bit, it’s time to let everyone taste what we’ve made. Before the people eat, the governor tastes a bit of each, and sometimes, he sends a dish back to the kitchen. As for the cooks, be they lobbyists, legislators, or staff, it’s time for a well-deserved rest with a favorite beverage.

    This year’s session has been another busy one. By my count, there was a total of 657 bills introduced, with 322 bills introduced in the Senate and 335 bills introduced in the House. Last session, 705 bills were introduced, and in 2023, 617 bills were introduced. In 2022, 657 bills were introduced. So, the General Assembly was lower than last session’s level of activity, and the bills were at something of a midpoint.

    The regular session is done, but the Office of Legislative Legal Services staff is still working hard to plate the dishes by writing digests, indexing, and publishing the statutes. After sine die, the governor has 30 days to sign, veto, or ignore a bill. If the governor signs or ignores a bill, it becomes law. If the governor vetoes a bill, it does not become law and the governor must send it back to the House and the Senate with a letter explaining the reason for vetoing the bill. The General Assembly can override a veto but not if the General Assembly has adjourned sine die. The next big cook-off begins in earnest in January of 2026. So we have about eight months to gather and prep our ingredients. Make that six months because we all need a rest!

    Before you know it, interim committees will begin, but this year will have a lot fewer than normal. These are the interim committees that will continue to meet this year:

    • Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in The Criminal and Juvenile Justice Systems;
    • Wildfire Matters Review Committee,
    • The Water Resources and Agriculture Review Committee, And
    • The Transportation Legislation Review Committee.

    The Colorado Youth Advisory Council will meet this interim, but its authority to recommend legislation was removed permanently. The interim committees that meet this interim are limited to requesting no more than five bills and cannot recommend more than three bills for introduction.

    Please enjoy your interim—we will be also enjoying ours. For now, Colorado LegiSource is going on hiatus for the summer. In the meantime, enjoy some watermelon and Palisade peaches. We’ll see you in the fall!

    (Editor’s note: Updated May 21, 2025.)

  • When Does an Act Become a Law? It depends.

    Editor’s note: This article was originally written by Julie Pelegrin and Patti Dahlberg and posted on March 20, 2015. This version has been updated where appropriate.

    Section 19 of article V of the state constitution specifies that an act takes effect “on the date stated in the act, or, if no date is stated in the act, then on its passage.” This seems simple enough. But there are other considerations and constitutional provisions that can affect when a bill eventually becomes law. To determine the date that a bill becomes law, you will need to read the last few sections of the bill to find the appropriate “clause.”

    Effective date clauses:

    It is common practice for a bill to state that it takes effect on a specific date, which may be several weeks or months after adjournment of the legislative session. This interval of time between the date that the bill is signed into law and the specified effective date allows state agencies, local governments, courts, and citizens to learn of the new law and make any required adjustments to comply with the new law. A typical effective date clause looks like this:

    SECTION 20. Effective date. This act takes effect July 1, 2025.

    Applicability clauses:

    An applicability clause specifies that the new law will apply to certain events or transactions that occur on or after the effective date. An applicability clause can be used with either an effective date clause or a safety clause (see below). Applicability clauses are frequently used in criminal laws and other acts concerning contracts, contractual relationships, or court proceedings. The following are some common applicability sections:

    SECTION 81. Effective date – applicability. This act takes effect November 1, 2025, and applies to offenses committed on or after said date.

    Or

    SECTION 25. Applicability. This act takes effect upon passage and applies to fiscal years beginning on or after July 1, 2025. (Note: This applicability clause must be accompanied by a safety clause.)

    Safety Clauses and 90-day Petition Clauses:

    Section 19 of article V of the state constitution says that a bill takes effect upon passage if it doesn’t specify an effective date. But section 1 of article V of the state constitution says that the people reserve to themselves the power to approve or reject at the polls all or any portion of an act passed by the General Assembly – generally referred to as the “referendum power.” To refer an act to the ballot, a citizen must submit a petition to the Secretary of State within 90 days after the General Assembly adjourns the legislative session.

    Section 1 of article V also says that the people cannot refer an act to the ballot if the act is “necessary for the immediate preservation of the public peace, health, or safety….” To clearly identify an act that is not subject to the referendum power, the General Assembly will include in the act a safety clause:

    SECTION 17. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.

    If an act includes a safety clause, section 11 of article IV of the state constitution determines the date of passage. This section requires that every bill be presented to the Governor for approval or veto. A bill becomes law when signed by the Governor, when the Governor fails to act on the bill within the time allowed, or, in the case of a vetoed bill, when the General Assembly overrides the Governor’s veto.

    In the vast majority of cases involving a safety clause, the date of passage is the date of the Governor’s signature. For those bills that the Governor does not sign or veto, the date of passage is the day following the final date for the Governor to act on the bill. If the Governor vetoes a bill and the General Assembly overrides the veto, the date of passage is the date on which the second house passes the veto override motion.

    The Colorado courts have held that the General Assembly is vested with the exclusive power to decide the appropriateness of using the safety clause. The question of including the safety clause in legislation is a matter of debate in the legislative process, and the courts will not review or question the General Assembly’s decision.

    If the General Assembly decides a bill is not necessary for the immediate preservation of the public peace, health, or safety, it doesn’t make sense for it to pass without a specified effective date and take effect upon passage only to have its effectiveness questioned 90 days later when a citizen turns in a petition to put the act on the ballot. To avoid this, in each bill that does not have a safety clause, the General Assembly includes a “90-day petition” clause. This clause is really a specialized type of effective date clause. The standard 90-day petition clause reads as follows:

    SECTION 33. 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; 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 [next general election year] and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

    Bills usually default to the effective date specified in the 90-day petition clause, but they may have a different specified effective date, which must be later than 90 days after adjournment. In some cases, this date is many months into the future, sometimes even into the next year.

    Fun Facts About Referendums:

    • The General Assembly can refer an act or part of an act to the people by substituting a referendum clause in place of the safety clause or 90-day petition clause. The bill then becomes a “referred bill,” and it is not subject to the Governor’s veto power.
    • The procedure by which the people can refer to themselves an act or part of an act passed by the General Assembly is often called a “recision referendum” or an “initiated referendum.”
    • According to General Assembly records, the last act that was referred to the ballot by petition of the people was in 1932. The act increased the tax on oleomargarine – and it was affirmed by the voters.
    • Appropriation acts for the support and maintenance of the departments of state and state institutions are not referable either by petition of the people or by an act of the General Assembly, even if the acts do not contain the safety clause.

  • Automatic Rule Changes During the Last Days of Session

    Editor’s note: This article was originally written by Julie Pelegrin and posted on April 18, 2019. This version has been expanded and updated where appropriate.

    On May 8, legislators, legislative staff, lobbyists, and capitol reporters can all hit the snooze button and roll over for another hour of sleep. But between now and then, there are several amendments to read, bills to consider, and differences to resolve. To help ensure that both houses can complete their work by midnight on May 7, the legislative rules automatically speed up or suspend certain procedural requirements in the last few days of the session.

    Last two weeks of session:

    • Senate Rule 22 (a)(2): A Senate committee must usually meet on the weekdays and at the times, and places specified in the Schedule of Committee Meetings, but a committee meeting may be held at a different time or place (but not day of the week) if the chair announces the meeting at least 24 hours in advance when the Senate is in session. During the last two weeks of session, the day of the week may be changed and the announcement may be made less than 24 hours if it is made as much in advance as possible.

    Last 10 days of Session:

    • House Rule 25 (j)(3); Senate Rule 22 (f): Each House and Senate committee chair must submit committee reports to their respective front desks as soon as possible after the committee acts on a bill. No more waiting for two, three, or five days to turn in the report. And during these last 10 days, at the request of the Senate Majority Leader or President, a Senate committee chair must submit the committee report immediately. If that doesn’t happen within 24 hours after the request, the committee staff person is required to submit the report to the Senate front desk on the chair’s behalf.
    • House Rule 33 (b.5): Usually, the House rules only allow technical amendments on third reading; offering a substantial amendment on third reading may result in the bill being referred back to second reading. During the last 10 days of session, however, a Representative may offer a substantial amendment to a bill on third reading.
    • House Rule 35 (a): Throughout most of the session, a representative may give notice of the intention to move to reconsider a question. In this case, the representative has until noon on the next day of actual session to move to reconsider. However, during the last 10 days of session, a member cannot give notice of intention to reconsider.
    • House Rule 35 (b) and (e): A motion to reconsider usually requires a 2/3 vote to pass. But in the last 10 days of session, a motion to reconsider—whether in a House committee or in the full House—requires only a majority vote.
    • House Rule 36 (d): The House can consider the Senate amendments made to a House bill without waiting for the members of the House to receive a copy of the rerevised bill and for the notice of consideration to be printed in the calendar.
    • House Rule 36 (d): Legislators can vote on a conference committee report once the report is turned in to the front desk—even if the report has not been distributed to the members and has not been calendared for consideration. The usual practice, however, is to try to distribute copies of conference committee reports to legislators before the vote.

    Last 5 Days of Session:

    • Joint Rule 7: One day after a bill is assigned to a conference committee, a majority of either house may demand a conference committee report, and the committee must deliver the report before the close of the second legislative day after such demand is made. But during the last five days of session, the report must be delivered by the close of the legislative day during which the demand is made. If a bill has been assigned to a conference committee at any time during the session and the committee hasn’t turned in a report, the committee must submit its report to the desk within the last five days of session.

    Last 3 Days of Session:

    • Senate Rule 26 (a): The Senate can consider the House amendments made to a Senate bill without waiting for the members of the Senate to receive a copy of the rerevised bill and for the notice of consideration to be printed in the calendar.
    • Senate Rule 26 (b): Legislators can vote on a conference committee report once the report is turned in to the front desk—even if the report has not been distributed to the members and has not been calendared for consideration. The usual practice, however, is to try to distribute copies of conference committee reports to legislators before the vote.
    • Senate Rule 18 (d): Throughout most of the session, a Senator may give notice of reconsideration, and the Secretary of the Senate will hold the bill for which the notice was given for up to two days of actual session. During the last three days of session, however, this rule is suspended, and a Senator cannot hold up a bill by giving notice to reconsider.

    Before the 118th legislative day, the President of the Senate may announce that the Senate is in the last three days of the legislative session. This does not mean that the Senate will adjourn sine die before the 120th legislative day, but it does trigger the rule changes that apply in the last three days of session. By contrast, it’s unlikely that the Speaker of the House will announce that the House is in the last 10 days of the legislative session before the 111th day. It’s more likely that on April 28th—the 111th legislative day—she will announce that the House is in the last 10 days of the legislative session. This announcement will remind the members of the House of the end-of-session procedural rule changes.

  • Reducing Conflicts Over Conflicts (of Interest)

    Editor’s Note: This article was originally written by Bob Lackner and published on April 27, 2017. This version has been updated where appropriate.

    As with many legislatures, the Colorado General Assembly prides itself on being a “citizen legislature,” which means it is comprised of citizens who take leave from their normal jobs and other duties every January to come to the State Capitol for 120 days to legislate for the people of the state. Not only is it presumed that legislators will continue to serve as teachers, farmers, ranchers, realtors, attorneys, and the like while serving in office, but this ability to bring the perspective, skill sets, and knowledge derived from working in these other fields to the job of being a legislator is seen as advantageous to representative democracy and desirable in a person who wants to serve as a legislator.

    The necessity of serving “competing masters,” however, means a certain amount of tension between legislators’ private lives and public responsibilities is built into the DNA of our citizen legislature. The law does not require that a member of the Colorado General Assembly sell all assets, renounce all worldly employment, and commit to a monastic existence when serving in the legislature (although it may seem that way to many legislators).  But the law does expect and require that when a legislator’s independence and objectivity may be compromised, the legislator will put the public interest first.

    The term “conflict of interest” generally means a legislator has a personal interest in some aspect of official action (most often a vote on a bill) sufficient to influence the objective exercise of the legislator’s public responsibilities. Stated differently, the legislator’s personal interest pulls the legislator in one direction while the public interest pulls the legislator in another direction. In this context, as codified in statute and legislative rule, “personal interest” generally refers to a financial interest in a bill or other measure. The legislator’s obligations as a public servant are supposed to trump any personal or financial interest in a public matter.

    How does a legislator know if the legislator a conflict of interest? The key to answering this question is to determine whether the situation at hand is likely to interfere or appear to interfere with the independent judgment the legislator. One test is the so-called trust test. Specifically, would the public trust the legislator’s judgment if they knew the legislator was in this situation?

    The Code of Ethics (24-18-101 to 113, C.R.S.) within the statutory standards of conduct—and specifically the ethical principles for members of the General Assembly—provide three criteria for a legislator to consider in determining whether a personal or private interest creates a conflict in a matter before the General Assembly:

    1. Whether the interest impedes the legislator’s independence of judgment;
    2. The effect of the legislator’s participation on public confidence in the integrity of the General Assembly; and
    3. Whether the legislator’s participation is likely to have a significant effect on the outcome of the vote.

    The ethical principles also declare that a conflict of interest situation does not arise from legislation that affects the entire membership of a class. This exception is very important and regularly applied in assessing potential conflict of interest situations. This so-called “class exception” allows teachers to vote on education bills, attorneys to vote on tort reform bills, farmers and ranchers to vote on water bills, and so forth. There is no magic number to determine whether a class is present.

    Members of the General Assembly are also subject to Joint Rule 42. Similar to the class exception, this rule requires the legislator to decide whether the passage of a bill will benefit the legislator personally in a way not shared by others in the legislator’s profession, occupation, industry, or region. If it will, then the legislator probably has a personal or private interest in the matter necessitating disclosure and abstention.

    What if a legislator has a personal or private (i.e., financial) interest in legislation? Under the state constitution and the House and Senate rules (HR 21 (c) and SR 17 (c), respectively), the legislator must disclose the fact and abstain from voting on the bill. What should a legislator do if the legislator has a conflict? A legislator who is concerned about a conflict of interest situation or about being too close for comfort should follow one or more of the following courses of action:

    1. Disclose the nature of the personal interest in the bill and abstain from voting. If there is a real conflict—i.e., a personal or private interest in the bill—under the law, the legislator is absolutely required to disclose the conflict and abstain from voting on the matter. But remember, constituents send legislators to the legislature to represent their interests and vote, especially on tough questions. Don’t allow abstention to become a way to evade tough votes.
    2. Talk the matter over with more experienced colleagues, especially in party legislative leadership. Sometimes it takes a third person’s perspective to really understand a difficult ethical situation.
    3. Be conscious of the appearance of impropriety. Legislators need to be conscious of how their actions will affect their personal reputations and the reputation of the General Assembly.
    4. Seek the advice of legal counsel, whether from the OLLS or a privately retained attorney.
    5. Consider seeking an advisory opinion from the Board of Ethics of the General Assembly.
    6. Consider reducing involvement on a particular matter. Although a legislator may vote on a bill, there may be appearance concerns with being a prime sponsor of the bill or otherwise serving as the “public face” of the bill.
    7. Finally, be prepared to defend a decision. More often than not, the public will respect an ethical decision honestly and thoughtfully arrived at if the legislator can clearly and credibly explain the basis for the decision.*

    The Office of Legislative Legal Services regularly consults with members of the General Assembly on how to avoid conflict of interest situations. If you are a legislator, we are happy to help you work through any conflict of interest situation in which you may be involved, especially before it becomes a problem. Please come see us!

    *Item 7 in the list of recommended actions was originally published in the July/August 2004 State Legislatures Magazine in an article entitled “How to deal with Conflicts of Interest”, by Peggy Kerns.

  • Understanding the Different Types of Colorado Public Schools

    Understanding the Different Types of Colorado Public Schools

    by Alana Rosen

    Have you ever gotten confused by what schools are considered public schools in Colorado? Join the club! The following is a simple guide on some of the different types of public schools offered in Colorado that may be subject to discussion during the legislative process.

    Neighborhood Schools

    Neighborhood schools are also known as public schools, traditional schools, or schools of a school district. Neighborhood schools are the most commonly known type of school maintained by school districts within the state. Resident students of the district can enroll in neighborhood schools. Nonresident students may apply to enroll in neighborhood schools pursuant to section 22-36-101 (1), C.R.S. Neighborhood schools are tuition-free public schools for both resident students and nonresident students. In addition to other revenue sources, neighborhood schools receive total program funding as determined by the school finance formula. For more information on total program funding, please see the following article on School Finance 101.

    District Charter Schools

    District charter schools are public schools that operate within a school district pursuant to part 1 of article 30.5 of title 22, C.R.S. A school district approves the charter application of a district charter school and enters into an authorizing contract with the district charter school. Families must apply to enroll their children in a district charter school. District charter schools may receive certain waivers as specified in law or rule. District charter schools are tuition-free public schools that receive state funding for each student through the school finance formula. District charter schools may receive a portion of additional revenue raised by taxpayers within the district.

    Institute Charter Schools

    Institute charter schools are public schools that are authorized by the state charter school institute, an independent state agency created in the Colorado Department of Education pursuant to section 22-30.5-503 (1)(a), C.R.S. The institute is authorized to approve or deny an application submitted for the establishment of an institute charter school. Enrollment is open to any child who lives in the state. Institute charter schools may receive certain waivers as specified in law or rule.[1] Institute charter schools are tuition-free public schools. Institute charter schools receive state funding for each student through the school finance formula, but do not receive additional revenue from districts because these schools are authorized by the institute, a state-created agency. Instead, the state provides additional state funds to institute charter schools.

    Innovation Schools

    The “Innovations School Act” was created in article 32 of title 22, C.R.S., and provides a pathway for schools of a school district to obtain greater control over educational programming, personnel selection, calendars and scheduling, and budgeting. To establish an innovation school, a public school or group of public schools that chooses to become an innovation school may submit to a local board of education an innovation zone plan outlining the innovative practices that the school or schools plan to implement. Innovation schools are tuition-free public schools. Because innovation schools are schools of a school district, these schools receive funding through the school finance formula. Innovation schools may also receive a portion of locally raised funds from taxpayers within the district.

    Alternative Education Campuses

    An alternative education campus is a public school that applies to the State Board of Education to be designated an alternative education campus as described in section 22-7-604.5, C.R.S. An alternative education campus has a specialized mission to serve a special needs or an at-risk population of students.

    Approved Facility School

    Approved facility schools are public schools that are authorized by the Department of Education’s Office of Facility Schools created in section 22-2-403, C.R.S. Approved facility schools are educational programs that are operated by an approved day treatment center, residential child care facility, a facility licensed by the Department of Human Services, a hospital licensed by the Department of Public Health and Environment, or a specialized day school that is authorized by the Office of Facility Schools. Approved facility schools are tuition-free public schools. Approved facility schools are state funded. Funding for approved facility schools are distributed under a formula that is not part of the school finance formula and is instead specific to approved facility schools. This formula is in section 22-54-129, C.R.S.

    Colorado School for the Deaf and the Blind

    The Colorado School for the Deaf and the Blind, established in 1874, is a state-funded institution that serves individuals under 21-years of age. Section 1 of article VIII of the Colorado Constitution, which was enacted in 1877, required the establishment and support of a school for the deaf and the blind. The Colorado School for the Deaf and the Blind was then created in article 80 of title 22, C.R.S. Children who qualify for special education services and who have hearing or vision loss may be considered for enrollment. There is a specific enrollment process for children who may attend this school, which is a tuition-free public school funded separately from the school finance formula.

    [1] Waivers for both district charter schools and institute charter schools may include waivers related to compulsory school attendance, employment, and educational programs and textbooks.