Colorado LegiSource

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

Author: olls

  • 1876: Perseverance Leads to Statehood

    The United States 38 Star Flag, used after Colorado became the 38th state in the Union in 1876 and until 1888.

    by Patti Dahlberg

    When at first you don’t succeed, try, try, and try again. Colorado became the 38th state of the Union in 1876, but only after more than 15 years of overcoming various roadblocks and multiple rejections. According to Thomas B. Corbett’s brief history of Colorado included in The Legislative Manual of the State of Colorado1, much of Colorado and its scattered population of trappers, hunters, traders, various Native American tribes, and Mexican citizens existed with only sporadic local law protection. Residents also lived without legislative representation in the Kansas territorial legislature, even though the region was part of the Kansas Territory from 1854 to 1861. 

    The Colorado Gold Rush, starting in 1858, quickly attracted 20,000 inhabitants to the mining areas. With another 80,000 or so new residents arriving over the next few years, the urgency increased for an accessible and organized government in Colorado in order to more adequately protect life and property.

    Thus, in 1858 and 1859, Colorado citizens petitioned Congress to establish a government separate from the distant one assigned to them in Kansas. In April of 1859, interested parties in Colorado met to discuss organizing a new territory or state. The prevailing sentiment of the group was to pursue statehood directly. A convention of delegates was formed, and a state constitution was drafted and finalized by that August. 

    The constitution and the question of pursuing statehood were sent to the people for approval and were subsequently rejected. But the convention delegates had prepared for this outcome and had resolved that, should the state constitution be rejected, an emissary be elected to represent the Jefferson Territory to Congress and for a new slate of delegates be chosen to form a provisional territorial government. A new constitution, called the “Organic Act of the Territory of Jefferson,” was framed and adopted, and the elected emissary was sent to memorialize Congress to separate the Pike’s Peak region from Kansas. The endeavor was unsuccessful in Congress, but those pesky Coloradans remained undeterred, and the Jefferson Territory Provisional Government continued to operate without Congressional approval.

    On January 29, 1861, Kansas became a state, and then, on February 28, 1861, Congress passed a bill2 providing for the political organization and administration of the Colorado Territory and drawing the boundaries of the new territory, mainly from the western portion of the Kansas Territory, as well as smaller segments of the Nebraska, Utah, and New Mexico territories. Obtaining statehood remained the final goal of the territorial government. In spite of the Confederacy secession from the Union and the ensuing Civil War, upon petition from the Colorado legislature, Congress passed and President Abraham Lincoln signed a bill enabling the territory to organize a state government in order to enter the Union. A convention of delegates met in Denver on July 4, 1864, and framed a state constitution, which was then rejected by the people the following October.  

    Down but not out, interested parties decided to make another attempt at statehood in 1865, and another convention met that August to frame a state constitution, which was adopted by the people. State officers and a state legislature were elected the following November, and delegates presented the application to Congress twice, with it passing twice. Subsequently it was vetoed twice by President Andrew Johnson, purportedly due to Colorado’s low population numbers. After Johnson left office in 1869, Congress failed to pass a statehood bill for Colorado on three separate occasions between 1869 and 1873.

    Fast forward to March 3, 1875, when a president amenable3 to Colorado statehood encouraged Congress to consider “An act to enable the people of Colorado to form a constitution and State government, and for the admission of said State into the Union on an equal footing with the original States”.4 After several amendments, the bill passed with a stipulation: Coloradans must pass or reject a state constitution in a vote in July of 1876. 

    Colorado’s Constitutional Convention of 1875–1876 was held at the Odd Fellows’ Hall, located on the third floor of the First National Bank at the corner of 16th and Blake Streets. (The facility, later dubbed “Constitution Hall,” burned to the ground in 1977.) With the population of the territory well over 100,000 and more arriving on the major railroad now connecting the state with the rest of the country, it seemed like the time for statehood was now or never. 

    The 39 delegates of the constitutional convention worked from December 20, 1875, to March 15, 1876, to create and finalize the constitution. Delegates were divided into committees to frame and present topics of the constitution for discussion and, at times, extended debate. These topics included the judiciary; education and educational institutions; suffrage; corporations; revenue and finances; mines and mining; water and irrigation; agriculture and manufacturing; military affairs; state, county and municipal debt; forest culture; and citizen rights. The final constitution, modeled after the U.S. Constitution and other state constitutions, started with a Bill of Rights and allowed for future amendments to be made to the constitution. 

    Printed for citizen review in three languages and voted on July 1, 1876, the 1876 state constitution5 was approved by 15,443 to 4,062 (79% to 21%). On August 1, 1876, President Ulysses S. Grant signed Proclamation 230,6 admitting the State of Colorado to the Union as the 38th state and as the one and only Centennial State.

    Although official records or journals of convention activity were not published during or immediately after the convention, there was extensive newspaper coverage available for those unable to attend. Finally in 1907, Senate Bill 217 directed the Secretary of State to prepare all records of the 1876 Constitutional Convention in book form. In August of that year a Proceedings of the Constitutional Convention8 was published.

    The 1876 Colorado Constitution

    The Constitution of the State of Colorado, written and ratified in 1876, laid the framework for the state’s government. The original, hand-written constitution was 40 pages long and was and remains one of the longest state constitutions on record. It left power in the hands of the people through a representational government and granted the ability to hold referenda on laws and constitutional amendments enacted by the legislature. In 1910, the Initiative and Referendum Amendment empowered Coloradans to draft proposed statutes or constitutional amendments, gather signatures on petitions, and have their proposals presented to the voters for approval.

    Some little-known provisions of the 1876 constitution included:

    • Until 1900, laws passed at each session were to also be published in Spanish and German in a sufficient number of copies to supply the new laws to that portion of the inhabitants of the State who speak those languages and who may be unable to read and understand the English language.9 (In 1988, a citizens’ initiative added an English-only provision.)
    • The Colorado Supreme Court consisted of three judges who were elected and served fixed 9-year terms.10 Today, the Supreme Court consists of seven justices who are appointed by the governor and are subject only to removal through retention elections. (The current structure was established by an amendment to the constitution adopted in 1966.)
    • The Governor of Colorado served a two-year term11, similar to many other states at that time. By the late 20th century, nearly all states had converted to four-year terms. (An amendment was passed in 1956 extending the governor’s term to four years.)
    • The Constitution suggested that the General Assembly adopt laws allowing women’s suffrage. It mandated universal suffrage for males over 21 years of age but stipulated that the General Assembly, at its first session, “enact laws to extend the right of suffrage to women of legal age.”12 Although that did not happen in that first legislative session, Colorado would eventually extend suffrage to women in a state referendum in 1893 – more than 25 years before America adopted women’s suffrage at the national level.
    • Slavery is specifically prohibited. The Colorado constitution specifically stated that “[t]here shall never be in this State either slavery or involuntary servitude…”.13 

    This year, we commemorate Colorado’s 150th Anniversary as a state and America’s 250th Anniversary as a nation. Celebrations will be held throughout the country, but as the only Centennial state, Colorado is celebrating two anniversaries this year. You can find  more information on the America 250 Colorado 150 anniversary celebrations scheduled throughout the state on the Colorado History website.

    Some related Colorado LegiSource articles:

    1. The Legislative Manual of Colorado, published in 1877, contains more than 350 pages of information on the new state for members of the General Assembly on how the new legislature would be organized, a “manual of parliamentary practice,” a “manual of customs, precedents, and forms,” House and Senate rules, lists of officers, biographical sketches of legislators, a brief history of Colorado, etc. ↩︎
    2. Thirty-Sixth Congress. Session II, Chapter 59, February 28, 1861. ↩︎
    3. Ulysses S. Grant was the president amenable to Colorado statehood and was also the first sitting U.S. President to visit the Colorado Territory. ↩︎
    4. Forty-Third Congress. Session II, Chapter 139, March 3, 1875. ↩︎
    5. https://archives.colorado.gov/collections/authenticated-constitution ↩︎
    6. https://www.presidency.ucsb.edu/documents/proclamation-230-admission-colorado-into-the-union ↩︎
    7. https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1763&context=session-laws-1901-1950 ↩︎
    8. Proceedings of the Constitutional Convention, published 1907. Available online from Colorado State Archives. ↩︎
    9. 1876 Colorado Constitution, Article XVIII, Section 8. ↩︎
    10. 1876 Colorado Constitution, Article VI, Sections 5 and 7 ↩︎
    11. 1876 Colorado Constitution, Article IV, Section 1. ↩︎
    12. 1876 Colorado Constitution, Article VII, Section 2. ↩︎
    13. Colorado Constitution, Article II, Section 26. The original provision included an exception that allowed the use of slavery or involuntary servitude as punishment for a crime, but that exception was repealed by Amendment A, which was approved by the voters in 2018. ↩︎

    Sources:

  • 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 14, 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 13, the legislative rules automatically speed up or suspend certain procedural requirements in the last few days of the session.

    Last 2 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 before the meeting if it is made as much in advance as possible and while the Senate is in actual session.

    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. Permission of the body is still required for any type of third reading amendment.
    • House Rule 35 (a) and (b): Throughout most of the session, a representative voting on the prevailing side of a question may give notice of the intention to move to reconsider the 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 representative cannot give notice of intention to reconsider. Additionally, a motion for reconsideration is in order on any bill acted on during the previous two days. Further, if a resolution fixing the time for adjournment sine die is adopted, any representative may move for reconsideration, regardless of whether they voted on the prevailing side.
    • 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 May 4th—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.

  • Why can’t this all happen sooner?

    by Greg Sobetski, Chief Economist, Legislative Council Staff

    Well, it’s April again. All of your bills are either dead or awaiting their fate among a logjam in one of the Appropriations committees. You’re bracing for the long nights ahead and scrambling for a small pool of money available for your bill and too many others. Most of all, you wonder: why do we wait every year to conduct what feels like the great majority of legislating in the last three‑and‑a‑half weeks of a four-month session?

    The Colorado State Capitol Dome at night with a caption of "Hello Darkness, my old friend."
    Hello darkness, my old friend.

    You probably know the answer. The Long Bill, the state’s budget bill, won’t pass until sometime in mid‑April, and most financial decisions wait until after the Long Bill when we know how much money is available for legislation. So maybe your question is: why does the Long Bill come so late?

    There’s a lot going on there. The Long Bill is a product of months of Joint Budget Committee (JBC) hearings with its own staff, the Governor’s office, and executive agencies. But it also needs one key ingredient that isn’t available until around St. Patrick’s Day: the pivotal March revenue forecast.

    A cartoon leprechaun holding a four-leaf clover with the caption "There's a pot o' gold at the end of the rainbow, but sometimes it's empty."
    There’s a pot o’ gold at the end of the rainbow, but sometimes it’s empty.

    The March forecast is one of four quarterly forecasts the Legislative Council Staff Economists produce each year, and the only one that we publish during the session. Our work on it begins in early February, but actual revenue forecasting doesn’t begin until March. That’s because we don’t have the data we need until then: we’re using cash fund revenue data through January, which is delivered at the end of February, and General Fund revenue data through February, which is delivered on the fifth business day of March.

    Say we wanted to move the forecast earlier: that’s possible (with legislation), but it presents some tradeoffs. Given the amount of work required to transform raw revenue data into a forecast, it’s not feasible to move up the forecast and still use February General Fund revenue data. The February report is revealing, in that it’s the first report that shows income tax return data from spring filers. But it’s also fickle, in that people who file their taxes in February aren’t a representative sample of the full filer population, and we have to be careful about what conclusions we draw from the February data.

    Field of flowers with the caption of "Spring in Colorado brings snowmelt (well, in some years anyway), flowers, and data from income tax returns."
    Spring in Colorado brings snowmelt (well, in some years anyway), flowers, and data from income tax returns.

    The more interesting problem is what happens if revenue deviates mid-session from an earlier forecast used by the JBC for balancing. Let’s say that the JBC balanced the budget to a February forecast that used no spring income tax filing data. Then, during the session, but after the Long Bill passed, new data became available and showed the forecast was wrong (it happens!). What then? Would the JBC re-open the budget to make new cuts? Even the possibility of this scenario might cause legislators to wait until late in the session to move bills through Appropriations. Both passing bills for which there’s not enough money, and PI’ing (not passing) bills for which money becomes available later, are uncomfortable outcomes for members.

    And it’s not just the revenue picture that changes. This year, our February conclusions about the economy were upended when the United States and Israel launched a joint attack against Iran at the end of that month. We needed to rebuild our economic expectations to account for upgrades to our forecasts for oil prices and inflation. When more time elapses between forecasting and final decision making, it becomes more likely that some event will upend the assumptions that were used to build the forecast.

    So, there you have it: the forecasts come out in mid-to-late March, the earliest it can be published while incorporating any amount of spring income tax return data. The Long Bill happens after that, and then there’s a lot of substantive policymaking to be done in the last few weeks of the session. Moving the forecast up is possible, but it would require legislation, would weaken the predictive value of the forecast, and could cause downstream legislative issues.

    While it feels like we’re days late, we’re at least not dollars short.

  • Where to Turn When You Are Faced with an Ethics Dilemma

    Editor’s note: This article was originally written by Jennifer Gilroy and posted on January 17, 2013.  This version has been edited and updated for this publication.

    Bravo!! You’ve just realized that the invitation you received today to participate in a legislative conference in Las Vegas, or a business luncheon in your district, or a tour of the southwestern Colorado river basins may actually present an ethics issue that you need to consider before immediately accepting. You are momentarily pleased with yourself for recognizing the ethics issue, but then trepidation sets in as you begin to ponder the many sources of ethics laws in Colorado. There’s something about gifts over $75, refusing all gifts from lobbyists, conflicts of interest, and undue influence. The sources of ethics laws in Colorado seem so complicated and confusing and, frankly, you’re really not sure if you understand them well enough to evaluate your situation accurately. Where can you turn for guidance when you are faced with an ethics dilemma?

    The following are five resources you can use to evaluate the ethical challenges that you may face from time to time while serving as a member of the Colorado General Assembly.

    1. Consult Various Resources Available Online. 

    • The OLLS Ethics Information Webpage.
      The Office of Legislative Legal Services has a webpage directly accessible from the General Assembly’s webpage. The menu on the left includes a tab entitled “Ethics Information.” Clicking on this tab will allow you to access a number of resources that might help you assess your ethics situation, including the following resources:
      • Ethics Tutorial. The OLLS has created an on-line tutorial with 25 common ethics dilemmas. You may take the entire tutorial at your leisure in the privacy of your own home or office or you may review the table of contents and simply read the questions and answers that pertain to your specific situation. Topics in the tutorial range from conflicts of interest to gifts to use of state resources to post-legislative employment and more.
      • Memorandum on Ethics Laws and Rules for Members of the General Assembly. If you want a quick-and-dirty review of the law on rules of conduct, ethics principles, and statutorily mandated disclosure of gifts and honoraria, take a few minutes to review this relatively brief, six-page memorandum that presents the sources of ethics laws from the state constitution to the legislative rules of the House and Senate.
    • Advisory Opinions from the Board of Ethics for the General Assembly. The majority and minority leaders in each chamber appoint a legislator to serve on this four-member, statutorily created board of ethics for the General Assembly. This ethics board issues advisory opinions upon the submission of a written request by a legislator. There are three conflict-of-interest-related opinions that the board has issued. If you are grappling with a conflict-of-interest situation, these opinions and other documents may offer you some helpful guidance.
    • The Independent Ethics Commission Website. The Independent Ethics Commission, created by Article XXIX of the state constitution (often referred to as “Amendment 41”), also issues advisory opinions, letter rulings, and position statements. You can access the commission’s opinions by year from their website by opening Opinions in the drop down menu.

    2. Talk to an Attorney at the OLLS

    A staff attorney at the OLLS is always available to guide you through the law and the opinions of the Independent Ethics Commission and Ethics Board and to assist you in assessing the right course of action.

    3. Go to Leadership

    The leadership (or other senior member) of your caucus may offer you insight, experience, and guidance that the OLLS cannot. Don’t hesitate to discuss your situation with someone in your caucus whom you respect and who has more experience with these types of situations.

    4. Seek an Advisory Opinion from the Ethics Board of the General Assembly

    As mentioned, you may wish to seek an advisory opinion from four of your colleagues that comprise the board of ethics for the General Assembly. We recommend this approach in advance of contemplated conduct.

    5. Seek an Advisory Opinion from the Independent Ethics Commission

    The commission will issue an opinion regarding an ethics issue arising under Article XXIX or any other standard of conduct or reporting requirement set out in law. However, keep the following in mind:

    • The commission meets only once each month and requests for advisory opinions must be submitted at least 10 days in advance of that meeting.
    • The commission is subject to open records laws, so you should not expect that your request will be kept confidential or anonymous.
    • The OLLS can assist you with a request for an advisory opinion, but we cannot provide you with legal counsel if a complaint against you is filed with the commission.

  • 1876

    The United States 38 Star Flag, used after Colorado became the 38th state in the Union in 1876 and until 1888.

    by Jery Payne

    On August 2, 1876, Jack McCall entered the No. 10 Saloon in the town of Deadwood in what is now South Dakota, walked up behind “Wild Bill” Hickok, shouted a curse and “Take that!”, and shot Wild Bill in the back of the head. Wild Bill was holding two black eights and two black aces. Ever since, this hand has been called the “dead man’s hand.”

    Jack tried to flee but never made it out of Deadwood. The town itself was illegal because the Lakota Sioux tribe owned the land, but then Lieutenant Colonel George Custer had led an expedition that discovered gold, so the town popped up anyway. The federal government tried to buy back the gold fields, but the Lakota were not in a selling mood. Being an illegal town, there was no real law and there were no real courts. The townsfolk put together a makeshift court and tried Jack.

    Jack’s defense was that Wild Bill had killed his brother and therefore deserved death. He actually used the “he needed killing” defense. The defense succeeded; Jack was set free.

    In 1872, Sitting Bull and his warriors were locked in a stalemate with Custer’s 7th Cavalry. Sitting Bull was trying to forge the entire Lakota Sioux tribe into a single fighting force. He needed to show that he was the man to lead the entire tribe. The stalemate did not bode well for his leadership and people grumbled, so Sitting Bull gathered up his pipe and tobacco and walked down to the front lines, within range of the enemy’s guns. He sat down with bullets striking all around him. He then lit the pipe and smoked it, seeming to be indifferent to the danger. After taking a few puffs, he called his men to join him. Four warriors braved it but wanted to return after taking a few puffs. Sitting Bull slowly smoked the rest of the pipe, cleaned it out, and casually walked back to his warriors. His legend was made, and, by 1876, he led the entire tribe.

    The 1870s West favored the bold risk-taker.

    But boldness has its cost. In June of 1876, Custer had looked over a settlement on the Little Bighorn River. Custer could not see the entire settlement, but it was bigger than any he could have expected. The Lakota Sioux, Cheyenne, and Arapaho tribes had come together to discuss war. Custer could see that he was outnumbered, but he probably didn’t understand that it was at least three to one. His biggest concern was that the tribes would melt away and fail to give him a fight. Without a fight, he could not get the victory that would put him back in the good graces of the U.S. Army.1

    Custer needn’t have worried. He faced Sitting Bull and Crazy Horse, two legendary warriors who wanted to fight—especially since Crazy Horse had recently defeated the U.S. Army in the Battle of the Rosebud. A few hours later, Crazy Horse and his warriors had killed Custer and half his men and defeated the 7th Cavalry.

    Two months later, Jack McCall bragged about killing Wild Bill, who was a U.S. marshal, in front of another U.S. marshal. This marshal arrested Jack. At the new trial, he was sentenced to hang. Next morning, a U.S. marshal carried out the sentence.

    This may seem like ancient history that is foreign to our modern Colorado. But in 1876, the modern world was beginning to take shape. On March 10, Alexander Graham Bell made the first successful telephone call, saying the words, “Mr. Watson, come here, I want to see you.” On February 2, The National League of Professional Baseball Clubs was formed. This league became the National League of Major League Baseball.

    A game is rules. Change the rules, and you change the game. Without the rules you have no game. And without rules, you have no order.

    The story of 1876 is America lying by a campfire staring up into the stars. The campfire gives light and heat but also smokes and burns, and all the while the stars in the sky are distant, pretty, and spellbinding. You need the light and heat for a time, but the stars fill your dreams. In Deadwood, justice was makeshift, but in Colorado, laws and institutions were coming. For the first time, a telephone wire hummed and a curveball was pitched. The West was changing. The day before Wild Bill gazed at his dead man’s hand, the federal government and Colorado dealt a very different hand to Colorado’s citizens: statehood.

    1. Custer had fallen out with the U.S. Army because he had traveled to Washington D.C. to testify to Congress about corrupt kickbacks. While in Washington, he had tarried for multiple reasons, including trying but failing to meet with President Grant to make peace. (Grant’s brother was tangentially implicated in the scandal.) But most people familiar with the situation suspected he tarried because he was having too much fun. Custer had been ordered to lead the 7th Cavalry west on April 6. Custer’s absence delayed the expedition by two months, so he had technically disobeyed an order, but also, he had angered the commander in chief. ↩︎

  • 150 Years for Colorado, 250 for the Nation

    Photo of a portion of the "Inspired to Serve" exhibit at the Colorado State Capitol.

    by Amanda Clapham, Legislative Council Staff Visitor Services Deputy Manager, Education and Curation

    If you are a regular at the Capitol, you have walked by the “Women’s Gold” tapestry on the first floor innumerable times, and you’ve probably marveled at the brilliant colors of the stained-glass Heritage Windows in the Old Supreme Court, the Emily Griffith window on the second floor, north side, and the Virginia Neal Blue window in the Senate. (If you haven’t marveled, please walk over there and marvel immediately). These artifacts feel like they’ve been here forever. But they haven’t.

    Colorado is nicknamed the Centennial State because we became a state on our nation’s 100-year anniversary. In 1976, the nation and Colorado went all out for the United States’ 200th anniversary and Colorado’s 100th. In addition to the many activities and celebrations statewide, the Capitol participated by adding several installations that are now so well established: the tapestry and the collection of stained glass. 

    The math nerds out there may have already gotten there, but 2026 is our 150th year of statehood! While celebrations are going on throughout the 50 states in honor of the country’s 250th birthday, Colorado’s celebration of its 150th anniversary makes us special. Senate Bill 22-011 created the America 250-Colorado 150 Commission to commemorate this unique anniversary, and the planning began there! Visit the commission’s website to learn more.

    While there are activities across the state and country, we have several commemorations planned for the Capitol as well.

    An exhibit entitled “Inspired to Serve” opened Friday February 20th; it features all 100 legislators currently serving in the Colorado General Assembly, with pictures of them now and as children. Each legislator has answered two key questions: “What inspired you to serve?” and “What is special about your district?” This exhibit will run through the end of 2026. While our building is historical, the legislature, by its nature, is always looking to the future. This exhibit is meant to inspire Colorado’s future generations to learn about civics and maybe one day run for office themselves!

    You may have heard that the official sea level in the United States has changed, making our Mile High Marker incorrect! Capitol staff is working with the Colorado School of Mines to re-measure our treasured marker that resides on the West Steps. If you’re a Capitol nerd, you know that there are three Mile High Markers currently embedded on three different steps, originally measured in 1909 (15th step), and then re-measured in 1969 (18th step) and 2003 (13th step). Both sea level and the accuracy of measurement techniques have changed over time. It’s the latter that the School of Mines will explore as they measure for us, again. Engineering Professor Jeff Holley and his students will be using old surveying techniques as well as GPS to give us the real mile high measurement for 2026.

    In Mr. Brown’s Attic, the space above the third floor of the Capitol, there is a scale model of the Capitol building, which is really popular, especially with kids. And what is more popular with kids of all ages than LEGO? The Denver Lego Users Group will be building a scale model of the House and the Senate for the 2026 celebrations. Both fun and colorful, these models will draw the attention of visitors of all ages and act as a gateway to civic education. 

    In addition to these exciting projects, the Capitol will be working with History Colorado as well as other cultural, educational, and civic organizations throughout the state, to create one of our biggest and best Colorado Day celebrations EVER! Join us on August 1, 2026, for bands, food, history, entertainment, and some special surprises! Events will take place in Civic and Lincoln Memorial parks, on Broadway, from History Colorado to Colfax, and inside and on the West Steps of the Capitol Building.

    This commemoration isn’t just about Colorado’s past 150 years, but also who and what we are as a state right now. It is our chance to tell the future what is important to us (and also to have some fun!).

  • CCUSL Approves Three Commission Bills for Introduction

    Photo of a committee room dais in the Colorado State Capitol building.
    METADATA-START

    by Patti Dahlberg and Yelana Love

    The Colorado Commission on Uniform State Laws (CCUSL) is Colorado’s delegation to the national Uniform Law Commission (ULC). The ULC is composed of more than 300 commissioners, who are appointed by each state, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico. The CCUSL meets each year to identify a preliminary legislative agenda of approved uniform acts for potential introduction in Colorado. The CCUSL then typically hosts two or three public meetings at the State Capitol to discuss its proposed legislation, listen to interested parties, and finalize its legislative agenda. The CCUSL sends advance notice of the meetings held in the Capitol to interested parties, posts meeting information on the CCUSL page on the General Assembly website, encourages public testimony at the meetings, and broadcasts the meetings over the internet.

    The CCUSL held meetings to discuss its 2026 legislative agenda on November 12, 2025, December 12, 2025, and January 13, 2026. The Commission approved three commission bills for introduction during the 2026 legislative session – two bills to enact uniform acts and one bill to add language to the previously adopted Uniform Community Property Disposition at Death Act. The three Colorado commission bills approved for introduction during the 2026 legislative session are:

    Uniform Assignment for Benefit of Creditors Act. An assignment for benefit of creditors (ABC) is a voluntary, debtor-initiated state law alternative to the bankruptcy process, state receiverships, and voluntary workouts. An assignment is a liquidation procedure in which the “assignor” voluntarily assigns all of its assets to an “assignee,” a fiduciary, which liquidates the assets and distributes the proceeds to the assignor’s creditors. The assignment operates through the creation of a fiduciary relationship with the assignor’s creditors as the beneficiaries. The Uniform Assignment for the Benefit of Creditors Act is intended to provide greater clarity and consistency to the assignment process. The act provides for a streamlined assignment process, allowing states to modernize their assignment statutes and codify aspects of common law. It sets out a straightforward process for commencing and completing an assignment and provides a scheme for distributions to the assignor’s creditors. It lays out the duties and powers of the assignor and assignee, a process for allowing and disputing claims, and limitations on liability for the assignor and assignee. 

    Uniform Mortgage Modification Act. The parties to a mortgage often agree to modify the terms of the mortgage loan or other obligation secured by the mortgage after the initial transaction is completed. However, the common law is not clear on the issue of whether the modification of a mortgage loan or other obligation secured by a mortgage affects the priority of the mortgage against junior interest holders. This lack of clarity in the law causes delay and unnecessary expense for borrowers and, in some cases, may mean that a loan is foreclosed rather than modified. The Uniform Mortgage Modification Act is meant to resolve problems and reduce uncertainty by establishing several categories of safe harbor modifications that can be made to recorded mortgages and secured obligations and outlining the implications of each type of modification. Permissible modifications under the act include changes to maturity dates, interest rates, capitalization or payment schedules, escrow or reserve requirements, and other changes that do not affect the priority of junior interest holders or are not materially prejudicial. This act aims to reduce costs and create straightforward alternatives to foreclosure when possible.

    Uniform Community Property Disposition at Death Act. Community property acquired by a married couple retains its character as community property even when the couple relocates to reside in a non-community property state. This result creates potential distribution problems at the death of the first spouse but also creates potential estate planning opportunities. However, the probate court in a non-community property state may not recognize the status of community property in a decedent’s estate. The Uniform Community Property Disposition at Death Act provides clear default rules to ensure the proper disposition of community property in any state. When this uniform act was enacted in 2023 some uniform language was inadvertently left out of the Colorado bill. This year’s commission bill adds the omitted uniform language into the Colorado statutes.

  • Everything Under One Roof: The Original Colorado State Capitol

    Top of Colorado State Capitol building with observation deck and gold-plated dome.

    by Faith Marcovecchio

    In February 1861, with Abraham Lincoln about to take office and the Civil War just weeks from breaking out, President James Buchanan signed legislation establishing the Colorado Territory. Immediately, the territory’s first governor, William Gilpin, began thinking about where the capital of the new territory would be. Towns up and down the Front Range vied for the honor, and in the territory’s first years, the center of government moved from Colorado City to Golden and finally, in 1867, found its home in Denver. Now it was time for political leaders to think about a site for a statehouse.

    Money was tight, so when contractor and builder Henry Cordes Brown offered government officials a 10-acre swath of land south of town as a gift, they jumped at the opportunity. Years of fundraising followed. In the centennial year of our nation’s founding, Colorado became a state, and soon after, the General Assembly set aside money for a capitol building. Finally, in 1885, a plan and an architect, Elijah Myers, were chosen.

    At a time when Colorado’s population stood at 200,000, Myers had an interesting idea: Every agency of state government, including boards, commissions, and all the public servants who worked for those agencies, would be housed within the walls of his simple but grand building. The structure would be so large that it would serve the new state as the sole state government building for generations to come. 

    When the State Capitol was finally completed 15 years later, Myers’s grand vision was realized: The legislature’s beautiful bicameral chambers shared a floor with the Colorado Supreme Court. The governor’s office sat across from the offices of the state treasurer, attorney general, and five other executive branch officers. And, perhaps most interesting, on the main floor Myers set aside space to showcase the most powerful influences in nineteenth-century Colorado: Mining, agriculture, and land management.

    Walking into the statehouse in its early years was like visiting a museum featuring all that Colorado had to offer. In the west wing, collections from the State Historical and Natural History Society were on display, including pottery, tools, and baskets from Mesa Verde; stuffed birds, bison, bears, and bighorn sheep from Colorado’s mountains and plains; and Civil War-era cannons, firearms, and banners used in the Battle of Glorieta Pass. Down the hall, glittering minerals and polished stone filled cabinets in the Bureau of Mines quarters. In yet another room, the State Horticultural Society displayed the trees, flowers, fruits, and vegetables grown in Colorado. There were even quarters where Union Civil War veterans could gather (until they were evicted in 1897 for too much card playing and carousing).

    The treasures found on the Capitol’s main floor, along with the brass chandeliers, marble floors, rose onyx walls, and soaring rotunda above, attracted tourists in droves. But the dome itself was the most important element, marrying the functions of government with the natural beauty that encircled the building. An observation deck offered sightseers, as Myers had hoped, “an unequaled view of the surrounding country.” The architect knew the panorama of the Rocky Mountains from Pikes Peak to Longs Peak was the building’s greatest feature.

    As the nineteenth century came to a close and the twentieth century dawned, a variety of embellishments were added. A sweeping staircase rose through the center of the rotunda, replacing cast-iron staircases in the north and south atriums. The copper-plated dome, which quickly oxidized, was covered with gold leaf in a glittering nod to the Pikes Peak gold rush. Brightly colored stained-glass portraits of Colorado pioneers were installed in the rotunda.

    Some of these changes were in tune with Myers’s original vision. Others were not. But the building’s greatest promise, that it would hold every office and function of Colorado government for generations, quickly shattered. By 1907, so many new agencies and commissions had been created that the statehouse had reached its limit.  Fewer than 10 years after the Capitol’s grand opening, its managers were looking for a place to expand.

    Today, though shiny minerals and taxidermied mammals no longer fill the first floor of the statehouse, the grandeur and beauty of the Gilded Age still make the Colorado Capitol an attraction to tourists from throughout the state, the country, and the world. 

    To learn more about the planning, construction, and evolution of the Colorado statehouse, see Derek R. Everett’s book, “The Colorado State Capitol: History, Politics, Preservation,” University Press of Colorado, October 1, 2018, on which this article is based.

  • Let’s Get to Know: House Assistant Chief Clerk Darren Thornberry

    Photo of Darren Thornberry.

    by Jack Neirynck

    Darren Thornberry is the new Assistant Chief Clerk of the Colorado House of Representatives. He began the position during the 2025 interim, taking over for Connor Randall, who held the job during the 2025 regular legislative session. As Assistant Chief Clerk, Thornberry is responsible for assisting the Chief Clerk, Vanessa Reilly, in all aspects of the business of the House. During session, this includes scheduling committee rooms, preparing the daily calendar, managing the House live proceedings software, and preparing messages to the Senate. Having worked for the Office of Legislative Legal Services as a legislative editor for almost a decade prior to taking on this new role, Thornberry is no stranger to the work that goes on at the Colorado Capitol. LegiSource spoke with Thornberry in early September.

    This interview has been edited for length and clarity.

    Tell us a bit about your background with the legislature. What aspects of working as a legislative staff member interested you?

    I saw the ad on Craigslist. I don’t know if they still use Craiglist to post ads, but this was 2014. I interviewed on the same day for positions on the Government Team and the Law Team in the Office of Legislative Legal Services, and got neither of them. About three weeks later, I got a call back to interview for the Business Team, and it landed, and I was very happy. As far as what interested me, all I knew was that it was editing, which is my background—writing and editing. It was editing in a vein I had never heard of — legislative editing — and I thought, What is that? I was super interested, and thus began my journey to here.

    Where are you from?

    I’m from central Alberta. I have lived in the States for a long time. I’ve lived in Texas and Alabama. I’ve also lived in the UK. I’ve been in Colorado since 2009.

    What are your hobbies?

    The main thing I do outside of working and being with my children is music. I’m in two bands, and that certainly keeps me busy with rehearsing, gigging, and writing and recording music. I have other doodads that I like, but that is sort of my second livelihood. My main instrument is my voice — I play guitar only because I had to in order to write songs for my band. I’m a utility guitarist at best, but I try to have people around me in the band who are better at what they do than I am, and together that uplifts the songs.

    Where is your favorite place in Colorado?

    One has got to be the Therapy Pool at Glenwood Springs. Especially if you’ve been camping all day and then you go in, it’s the best feeling in the world. I also love the Paint Mines east of Colorado Springs – hoodoos and these rock formations that have all these colors on them. Native Americans used to get the clay from these rocks for paint, which is why they call them the Paint Mines. It’s a beautiful place to hike through, especially at dusk, which is when the colors really pop.

    What is a typical work day like for you?

    I don’t totally know, or I guess I know now that we’ve had a Special Session. It’s very busy. Outside of session, in a typical work day I can be processing an EcoPass for an aide. I can be dealing with a badge dilemma. I can be working on getting a quote for an ice machine. I can be dealing with a security issue with the State Patrol. There’s a wide variety of things in this position that I can be doing, and so far I love that. I love that you kind of never know in a given day what’s coming at you. I think that’s something that I didn’t necessarily know that I needed, but I’m totally enjoying it. There’s a lot going on on any given day, even in the interim. And now that I’ve had a Special Session, I know what those days will be like: Action packed. 

    What part of the job are you looking forward to the most?

    I think going through the cycle of a complete regular session and just riding out that rhythm in this position. I’m looking forward to it more now that I’ve had that trial run with the Special Session.

    What’s the best advice you’ve gotten from Connor Randall, former Assistant Chief Clerk?

    Definitely “don’t panic.” There are going to be times where you feel like you have to make a split-second decision, and most of the time you don’t. Most of the time you have at least a minute, or you can ask for a quick recess. You can take a minute to sort things out and ask the right questions. There are going to be times where it feels like the world is coming at you, and if you don’t solve the problem right then, it’s over. But it’s not. So don’t panic, stay level-headed, and just ride it out.

    Anything else you’d like to share?

    I guess just that I’m so, so thankful for all my time at the Office of Legislative Legal Services. I even left for a time, thinking “I’m too burned out; I can’t do this anymore”, and then immediately knew that was wrong. And so I spent two years away, pining to come back. Thankfully, they had me back, and all that experience has been invaluable in my growth in this building. Were it not for that, there’s no way I would be in this position now. So I’m very thankful for that office and all the friends and all the good times.

    Bonus Question: What are your favorite restaurants around the Capitol or in Colorado in general?

    I love Pho-natic. I could eat there probably every day if given the opportunity. Restaurants in general in Colorado? Tough to say. Let’s just say that I could toggle between SubCulture and Pho-natic for a long, long time and never get bored.

  • Making Sense of Committee Rules – A Brief Overview

    Editor’s note: This article was originally written by Julie Pelegrin and posted on February 6, 2014.  This version has been edited and updated for this publication.

    With the 2026 legislative session rapidly approaching, it seems like a good time for a short overview of the more important committee procedural rules to help guide you through committee hearings. Except as specifically noted, the procedures described below apply to House and Senate committees.

    Committee Quorum:
    House Rule 25(i)(1) and (j)(10)
    Senate Rule 22(b) and (n)
    A quorum for a committee of reference in both the House and the Senate is a majority of the committee membership. A committee cannot take action on a bill or any other legislative matter unless a quorum is present. Passage of a bill, resolution, amendment, or motion requires approval of a majority of a quorum or a majority of those present and voting, whichever is greater.

    Committee Meetings and Consideration of Bills:
    House Rules 25(j)(1), (j)(1.5), (j)(6), and (j)(7)
    Senate Rules 22(a), (e)(1), (i), and (j)
    The responsibility for organizing and managing committee hearings lies mainly with the committee chair, but the chair of a House committee can delegate any duty or responsibility to the vice-chair of the committee. The committee rules include the following:

    Time and Place of Committee Hearings
    Each committee must meet at the times and places specified in the committee schedule, but a chair can cancel a meeting by announcing the cancellation while the House or the Senate, whichever applies, is actually in session and before the meeting. In the Senate, if a committee is scheduled to meet upon adjournment, it will meet within 15 minutes after the Senate adjourns or recesses.

    Special Meetings
    A House committee may hold a special committee meeting on another day or at another place or time so long as the chair announces the meeting as much in advance as possible and while the House is actually in session. Generally, a Senate committee may hold a special meeting only on the committee’s regularly scheduled meeting day. The chair must announce the special meeting 24 hours in advance and while the Senate is actually in session. There is an exception during the last two weeks of session, or at any time with the President’s permission, that allows a Senate committee chair to call a special meeting on a different day by announcing the meeting as much in advance as possible and while the Senate is actually in session.

    Every Bill Must Get a Hearing and a Vote
    Every bill that is assigned to a House committee must receive a hearing, consideration, and a vote on the merits at a scheduled committee meeting no later than the deadline for passage of bills out of committee. Although the Senate rules do not include this specific requirement, article V, section 20 of the Colorado Constitution (commonly referred to as the “GAVEL Amendment”) requires that each measure assigned to a committee of reference receive consideration and a vote on the merits within appropriate deadlines.

    Order of Business
    The committee chair sets the calendar for each meeting. But if a chair holds a bill for seven or more days without calendaring it, the committee members can force the chair to schedule the bill. A majority of the members of a Senate committee can simply request, at a regularly scheduled committee hearing, that the bill be scheduled for hearing. House committee members must submit to the chair at a regularly scheduled committee hearing a petition signed by at least two-thirds of the committee members. A House committee member can also force a hearing on a bill by making a motion to refer the bill to the committee of the whole when the bill is not on the committee’s calendar. This is often referred to as a “super motion.” When a “super motion” is made, the committee must consider the bill on its merits, and if the motion to refer to the committee of the whole doesn’t pass, the bill is still pending before the committee for action. There is no “super motion” in the Senate.

    Chair’s Authority
    During a House committee meeting, the chair may limit testimony and discussion on a measure to the amount that the chair thinks is adequate to enable the committee to consider the measure on its merits. The House committee chair may actually exclude testimony or discussion that is repetitious or irrelevant. Additionally, a House committee chair may ask a sergeant-at-arms to remove any person who disrupts the proceedings or endangers any person at a committee hearing.

    Although the Senate rules do not directly address the powers of the committee chair to control procedures within a committee hearing, Mason’s Manual of Legislative Procedure, the source for parliamentary procedures in the Senate, supports the authority of the Senate committee chair to maintain order and decide all questions of order in committee hearings.

    Motions, Voting, and Attendance
    Only committee members can make motions, and, in the House, each motion must receive a second to be debated. Each committee member, including the committee chair, must vote on every motion that comes before the committee, unless the committee member has an immediate personal or financial interest in the bill. But the committee chair does not vote twice to break a tie vote. If a committee member misses three consecutive scheduled committee meetings without being excused, the chair must report the member’s absence to the floor leader of the member’s party.

    Final Committee Action:
    House Rule 25(j)(3) and (j)(9)
    Senate Rule 22(f) and (m)
    A committee must take a recorded, roll call vote to take action on proposed amendments if at least one committee member objects to the amendment and to take final action on a bill. All recorded votes are available for public inspection.

    A committee takes final action on a bill by reporting the bill out of committee, with or without amendments, for consideration by the committee of the whole; referring the bill to another committee of reference, with or without amendments; or postponing the bill indefinitely. In reporting a bill for consideration by the committee of the whole, a Senate committee may recommend that the bill be placed on the consent calendar. A motion to postpone consideration of a bill for more than 30 days or until a date that’s later than the date for adjournment sine die is considered a motion to postpone indefinitely. A bill is also considered postponed indefinitely if a motion for final action on the bill dies on a tie vote, the deadline to report bills out of committee passes, and the bill doesn’t get delayed status.

    Reconsideration:
    House Rule 35(e) and (f)
    Senate Rule 18(e), (f), and (g)
    After a committee has decided a question, including taking final action on a bill, a member who voted on the prevailing side may move to reconsider the question. The procedures for reconsideration vary significantly between the House and the Senate.

    In the House, if a motion for final action on a bill dies on a tie vote, the committee doesn’t actually make a decision, so the bill is still before the committee and subject to any further motions without the need to reconsider. But, if the motion does not concern final action on the bill and the motion dies on a tie vote, a member who votes “no” is considered to have voted on the prevailing side and may move to reconsider the committee’s decision. A motion to reconsider in committee requires the affirmative vote of two-thirds of the committee members, except in the last ten days of session during which it requires only a majority vote. A member must make the motion to reconsider at the same meeting at which the decision is made or at the next committee meeting. But a motion to reconsider the decision is not in order if the committee report that includes the decision has already been signed by the committee chair and delivered to the Chief Clerk of the House. Also in a House committee, a member cannot give notice of intent to reconsider the decision at the next committee meeting.

    In the Senate, if a motion on a bill dies on a tie vote, a member who votes “no” is considered to have voted on the prevailing side and may move to reconsider the committee’s decision. A motion to reconsider in a Senate committee requires approval by a simple majority vote. At the same meeting at which the committee makes the decision or at the next meeting, a member can make the motion to reconsider.  But the committee cannot reconsider the decision after the committee report that includes the decision is signed by the committee chair and delivered to the Secretary of the Senate. A member may also give notice of intent to reconsider at the next meeting, unless the next meeting is after the committee passage deadline and the bill does not have delayed status. If the member who gives notice does not move to reconsider at the next committee meeting, the notice is considered withdrawn.