Colorado LegiSource

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

Author: olls

  • 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.

  • How to Keep Up with a Changing Bill

    How to Keep Up with a Changing Bill

    Editor’s Note: This article was originally written by Julie Pelegrin and Patti Dahlberg and published on February 6, 2020. The article has been edited where appropriate.

    You’re running late, you’re trying to get a handle on the bills they just called up on special orders, and there are seven bills on your committee calendar for this afternoon. When you need to quickly remind yourself of what’s in a bill, you will be tempted to just check the summary that appears on the first page of the bill. But, unless the bill is in the first committee in the first house, you must resist this temptation. That’s not to say the bill summary printed on a bill can’t be helpful. While the bill summary may not tell you all you need to know, it does provide a quick overview of what the bill is doing when it’s introduced. But beware: If the bill has already passed out of a committee in the first house, it may have been amended by that committee, and those amendments will not appear in the bill summary. In this situation, there may be other options you can turn to.

    Bill Summaries on Introduced Bills

    Rule No. 29 of the Joint Rules of the Senate and House of Representatives requires that every bill and concurrent resolution must include a brief summary written by the Office of Legislative Legal Services (OLLS). These summaries attempt to describe in plain language what the introduced version of the bill or concurrent resolution will accomplish if passed.

    29. BILL SUMMARIES (a) Every bill and concurrent resolution which is introduced shall include a brief summary thereof to be written by the Office of Legislative Legal Services. Bill summaries shall be formatted and may be updated as directed by the Committee on Legal Services in accordance with Joint Rule 21. (b) The summary shall not appear on the enrolled copy of the measure. (c) This summary shall not be treated as a statement of legislative intent. (d) Repealed, Senate Joint Resolution 10-001. (Rule 29 (c) was repealed and Rule 29 (d) was relettered.)

    The OLLS aims to write bill summaries that are brief (relative to the size and scope of the bill) and provide a succinct, clear, and accurate synopsis of the major points of the bill in a format that’s easier to read and, hopefully, understand than the actual language in the bill. Drafters try to avoid using legalistic and technical words in the bill summary, but sometimes using legal terms is necessary to avoid confusion or a misleading summary.

    Bill summaries take many forms and may include:

    • A description of how the bill will change existing statutes and, if useful in understanding those changes, an explanation of existing law and the legal context of the changes;
    • An explanation of the substance of a repealed statute if necessary to understanding the bill;
    • A structure that presents the statutory changes in a logical order, usually the order of importance, and may group related changes together; and
    • If the bill is recommended by an interim or statutory committee, the name of the committee in bold at the beginning of the summary.

    Preamended and Other Bill Versions

    On paper and electronic copies of bills, all bill summaries start with this note:

    Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

    Each bill also has its own page on the General Assembly’s website, which includes the bill summary. There is a note at the end of this summary that specifies which version of the bill the summary applies to. For example, (Note: This summary applies to this bill as introduced.)

    If a bill is amended in a committee or on second or third reading, the bill summary that’s printed on the bill or that appears on an electronic copy of the bill does not change. This is true whether the amendment occurs in the house of introduction or the second house. So how can you quickly see how a bill may have changed?

    Each bill’s webpage includes links to the text of the official versions of the bill and links to what are called “preamended versions.” These are unofficial versions of the bill that show amendments adopted by a committee as they appear in the text of the bill. The changes made by a House committee are shaded; the changes made by a Senate committee are double-underlined. If you open the unofficial preamended bill, you can easily scroll through it to see any changed language. These changes, combined with the original bill summary, will help you quickly come up to speed on the bill before it’s heard in another committee or on second reading.

    Screen cap from the general assembly website highlighting "Preamended Versions" on the Bill Text tab.

    Once the bill passes second reading, all of the adopted amendments are enrolled into the bill. At that point, you should read the engrossed bill – also available on the bill page. But note: The printed and the electronic version of the bill summary is still not changed. The same is true of the reengrossed version of the bill, created after the bill passes on third reading in the first house. As with the preamended versions, changes made by the House are shaded; changes made by the Senate are double-underlined.

    Updated Bill Summaries – Available Only Online

    So, is the bill summary ever updated? Yes—but never on the bill itself.

    If a bill is significantly amended in the first house, and the original bill summary no longer accurately describes the bill, the bill drafter updates the bill summary when the bill is introduced in the second house. The updated bill summary is posted on the bill’s webpage, but it does not appear on the paper or electronic copy of the bill itself. To make the changes in the updated bill summary readily apparent, new language appears in italics and deleted language appears in strike type. Also, once the bill is introduced in the second house, the note at the bottom of the online bill summary will read: (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.).

    Screen cap of a sample updated bill summary highlighting the note that reads: "(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)."

    Before considering a bill in the second house, you should check the summary on the bill’s webpage to see how the first house changed the bill. If the online bill summary does not show any language in italics or strike type, then the first house did not significantly amend the bill.

    Final Bill Summary

    After the legislative session ends, the bill drafters prepare a final summary (with no editing marks) for each bill that the General Assembly enacts. The final summary is posted to the bill’s webpage with this note: (Note: This summary applies to this bill as enacted.) The OLLS also collects these final bill summaries and annually publishes them in paper copy and online as the digest of bills for each legislative session.

  • School Finance 101: District Total Program Basics

    by Jacob Baus

    Few things are certain in life. In the General Assembly, school finance is one of the few things that is annually certain.

    School finance has a reputation for being a confusing topic. That is a somewhat fair reputation because it is easy to quickly lose the forest for the trees. But the goal of this article is to try to make school finance less confusing.

    Let us start with the basics.

    Colorado Constitution

    Pursuant to the Colorado Constitution, the General Assembly is responsible “for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state.”[1] This “thorough and uniform” requirement significantly informs much of Colorado’s education policy, especially its school finance policy.

    But what does “thorough and uniform” mean? Generally, the Colorado Supreme Court has held that “…’thorough and uniform’…[provides for] a public school system that is of a quality marked by completeness, is comprehensive, and is consistent across the state [and] does not demand absolute equality in the state’s provision of educational services, supplies, or expenditures.”[2] When examining the school finance formula in light of the thorough and uniform requirement, the Colorado Supreme Court has held that the formula adopted by the General Assembly that calculates every school district’s total program uniformly “is of a quality marked by completeness, is comprehensive, and is consistent across the state.”[3]

    (For more information concerning the Colorado Supreme Court’s analysis of the “thorough and uniform” requirement and its application to school finance, please read the LegiSource article “Supreme Court Upholds General Assembly’s Authority as Education Policymaker”.)

    District Total Program Versus Other Revenue

    A school district’s revenue comes from multiple sources. One revenue source that all Colorado school districts receive is called “district total program.” A district’s total program is the financial base of support for public education in that district.[4] (More detail on where total program funding comes from below.) The school finance formula, codified by the General Assembly, annually determines each district’s total program.

    A school district may have other sources of revenue that are distinct from its total program. For example, a district may receive a grant for a particular purpose such as new computers or federal funding because of the poverty rate of its student population. Additionally, a school district may have obtained voter approval for a bond for a one-time purpose such as a new school facility or a mill levy override (not to be confused with a district mill levy) for an ongoing administrative purpose such as an increase in teacher pay.

    Total Program Formula

    The school finance formula is comprised of distinct elements and factors that are calculated using uniform formulas that apply district-specific characteristics – most commonly, the district’s student population or a specific group of the student population.

    For example, one element of the school finance formula determines the amount of “district English language learner funding.”[5] A district’s English language learner funding is determined by multiplying the number of English language learner students enrolled in the district by a dollar amount that is determined by a standard formula.

    Therefore, if District A has 104 English language learner students, District A’s English language learner funding is determined by multiplying 104 by the English language learner funding amount. If District B has 219 English language learner students, District B’s English language learner funding is determined by multiplying 219 by the English language learner funding amount.

    After all of the formula’s distinct elements and factors[6] are calculated, they are added up, and the result is the district’s total program.

    How is the District’s Total Program Funded?

    Generally, a district and the state each pay a portion of a district’s total program. The district pays its obligation (“local share”) first, and the state backfills the remaining difference between the local share and the district’s total program (“state share”).[7] Given this backfill arrangement, there are instances when a local district is able to fully fund its total program without any state share.

    The local share is comprised of two revenue sources: specific ownership tax revenue and property tax revenue.[8] Specific ownership tax is a tax that is collected on vehicles, and there are some parameters regarding the amount of this total tax revenue that is used for local share purposes.[9] With respect to property taxes, each district is required to levy a certain number of mills (not to be confused with a mill levy override). The number of mills that a district is required to levy for its local share is determined based on district-specific characteristics.[10]

    The state share is comprised of money from the general fund, the state education fund, and the state public school fund.

    What is Next?

    After reading this article, you may have more questions about the topics briefly addressed, such as mill levies or the state education fund. Or, you may have questions about something that was not addressed but you have heard about, such as categorical program funding.

    Hopefully, this article is the first in a series of articles that attempt to achieve the ambitious, and possibly delusional, goal of making school finance less confusing. In the meantime, the Office of Legislative Legal Services, and our sibling agencies, the Legislative Council Staff and the Joint Budget Committee Staff, are available to answer questions or provide available information regarding school finance and what it means for the school districts in your legislative district.

    [1] Colo. Const., art. IX, sec. 2.

    [2] Lobato v. State, 304 P.3d 1132, 1139 (Colo. 2013).

    [3] Id. at 1141.

    [4] Sec. 22-54-103.3 (1), 22-54-103.5 (1), and 22-54-104 (1), C.R.S.

    [5] Sec. 22-54-103.5 (7) and 22-54-104 (4.3), C.R.S.

    [6] Other funding factors include a district’s at-risk funding, extended high school funding, and cost of living.

    [7] Sec. 22-54-106 (1)(b), C.R.S.

    [8] Sec. 22-54-106 (1)(a), C.R.S.

    [9] Sec. 22-54-103 (11), C.R.S.

    [10] Sec. 22-54-106, C.R.S.

  • AI is Coming to a Legislature Near You

    by Jessica Chapman

    Can you believe Siri is a teenager? The digital assistant first became available as an iOS app in 2010. Amazon’s Alexa started interrupting living room and kitchen conversations not long after in 2014. These technologies exposed many people to artificial intelligence for the first time.

    These days, “AI” seems to touch every part of our lives in some way or another. We’re exposed to it daily in online customer service, map applications, weather forecasting, email reminders, and autocomplete functions (when texting for example). AI-enhanced robots clean airplanes now. AI Note Takers join our meetings. We have self-driving cars!  

    And while AI certainly predates Siri’s arrival, the decade and a half since her appearance on iPhones has hosted a genuine groundswell of innovation in, attention to, and curiosity (plus anxiety) about artificial intelligence that continues to build to this day.

    In tandem with these technological advances, state legislatures including our own have been working to wrap their arms around artificial intelligence from a policy perspective. It’s an ongoing and unfolding situation complicated by the fact that states and municipalities are considering bills and passing (or vetoing in some cases) laws pretty much every week.

    In 2024 alone, 31 states – including Colorado – adopted resolutions or enacted legislation to study AI. HB 24-1468 created Colorado’s Artificial Intelligence Impact Task Force consisting of a bipartisan membership of 26 legislators and industry and public interest experts and professionals.

    At the task force’s October meeting, a presenter from TechNet, a bipartisan network of technology executives, shared that 17 bills related to artificial intelligence had passed in California since the previous task force meeting just over a month earlier. Just in California!

    The National Conference of State Legislatures has been working to keep up too. The organization only began specifically tracking artificial intelligence legislation in 2019. Its task force on cybersecurity and privacy reorganized and expanded in 2023 due to what NCSL’s executive committee saw as the growing importance of AI.

    The leaps and bounds in interest in artificial intelligence among state legislatures show up in the numbers. NCSL records indicate there were about 125 measures involving artificial intelligence introduced across the United States and its territories in 2023. In 2024, that number more than doubled to over 300.

    (These numbers pertain to AI generally and don’t include legislation related to specific AI technologies like facial recognition, deepfakes, and self-driving cars. NCSL tracks those issues separately.)

    “There is a swelling interest from the states because of a lack of federal action,” says Chelsea Canada, program principal of NCSL’s Financial Services, Technology and Communications Program. “It’s been a flurry of activity that continues to increase.”

    In addition to HB24-1468, Colorado passed two other bills related to AI during the 2024 session: One related to the use of deepfakes in elections (HB 24-1147) and one that creates a regulatory structure for artificial intelligence (SB 24-205).

    SB 24-205, commonly referred to as the Colorado Artificial Intelligence Act, or CAIA, has generated discussion and comment from the task force and news sources for being among the first legislation of its kind in the United States to regulate what it terms “high-risk” artificial intelligence systems. (Utah passed the Utah Artificial Intelligence Policy Act in March.)

    “High-risk,” according to the Colorado’s CAIA, means AI systems that make or are a substantial factor in making a “consequential” decision.

    CAIA offers Colorado consumers recourse to address what it describes as “algorithmic discrimination” which can occur when high-risk AI plays a role in hiring practices, housing and loan applications, and other consumer services.

    Tech giants including Google, Amazon, Microsoft, and IBM have appeared before the state’s task force to weigh in on provisions of the SB 24-205, which does not go into effect until February 1, 2026.

    So far in the 2025 session, there are two bills related to AI under consideration by Colorado’s general assembly – SB 25-022, which contemplates the use of AI to fight wildfires, and HB 25-1212, which would create certain whistleblower protections for employees of artificial intelligence developers.

    According to the NCSL’s Chelsea Canada, states have been looking to the federal government and elsewhere for guidance on how to approach AI regulation, as there is not yet a consensus even on the definition of artificial intelligence. The relative immaturity of the industry poses challenges since AI technologies operate across state and national borders.

    Plenty of parties are eager to plant their flags though.

    The White House issued an executive order in October 2023 laying out principles for “safe, secure, and trustworthy development and use of artificial intelligence.” The federal government followed up on that order in October 2024 with additional AI guidance aimed specifically at United States military and intelligence agencies.

    The Organization for Economic Cooperation and Development has also taken a stab. In mid-February, France hosted the third annual Artificial Intelligence Action Summit convening over 1,000 participants representing over 100 countries.

    Trade organizations are getting in on the game too.

    The American Bar Association issued a formal opinion in July 2024 on how lawyers should approach the use of AI. Industry insiders are closely following lawsuits working their way through the court system for direction on how to handle artificial intelligence.

    A quick search reveals lawsuits that make accusations of price-fixing, health care denials, and even, sadly, wrongful death at the hand of artificial intelligence. How these cases resolve could influence future legislation.

    We at the Office of Legislative Legal Services have been evaluating if and how to permit artificial intelligence into drafting and editing operations as well. The office convened a task force during the 2024 interim to survey our 60-plus employees on our awareness of and familiarity with AI tools.

    As a result of its efforts, OLLS now has an in-house policy on the use of AI, which dictates that “OLLS employees shall not upload, enter, or otherwise incorporate confidential information into GAI [generative AI] or instruct GAI to generate confidential information.” Generative AI is a type of AI – the most well-known example is ChatGPT – that creates new content based on user inputs.

    “We’re interested in exploring how AI technology can be used to improve our work product and enhance the service that we provide to the members of the General Assembly,” says Director Ed DeCecco. “But the use of AI must also be consistent with our statutory and ethical obligations of confidentiality. With that perspective, we are continuing to review how and if AI can be effectively used in our work.”

    Stay tuned, and welcome to the Wild West of AI!

    Says NCSL’s Chelsea Canada, “It’s an area that is emerging and evolving, and the interest is expanding and the work is increasing because members are more and more interested.”

    Artwork generated by magicstudio.com (a generative AI tool) in response to the prompt “artificial intelligence in the legislative environment.”

  • Tribute, Resolution, or Memorial – Making the Right Choice

    Editor’s note: This article was last posted on April 8, 2021, and has been edited as appropriate.

    Updated by Sarah Meisch

    When legislators wish to show support for individuals or groups, make public statements about issues or concerns, or ask Congress to take action on a matter, they may request a tribute, resolution, or memorial to get the job done. Legislators decide what they wish to do, and the legislative rules direct them how to get it done.

    This handy guide sums up these rules for making the right choice. For example, if a legislator wants to congratulate someone, a tribute is the way to go. It is an appropriate and efficient way to send congratulations to people or organizations or to recognize service to the state. In fact, whenever a legislator wishes to “officially” congratulate, recognize, express appreciation, commemorate, or even create a day of recognition, the rules pretty much scream “tribute”.

    Tributes

    Tributes are non-legislative actions and DO NOT require introduction, calendaring, or floor action.

    Tributes are a very efficient and effective way for legislators to show support for individuals or groups. Legislators are not limited in the number of tributes they may request, but they do need permission from the Speaker of the House or the President of the Senate (depending on the house of origin) before the tribute can be issued. The tribute’s content is unique to each request and is designed to fit the needs of each requestor. It may be short and created fairly quickly, or it may be longer and more detailed (based on information provided by the legislator). Tributes are easier to present to an individual or a group as they can be scheduled around the recipient and legislator’s calendars rather than the legislative calendar. In addition, they can go on the road—the legislator can conveniently award them anywhere and anytime.

    Tributes are personalized and look special. They are printed in a special font, on special paper, and placed in a special folder or, if preferred (and at a slight cost), in a frame for display. Tributes are signed by the Speaker or the President, as appropriate, or, in the case of joint tributes, both.

    House Tributes:

    • The House will not issue a tribute unless the Speaker of the House has given permission;
    • The Chief Clerk of the House maintains copies of each tribute issued for two years.

    Under House Rule 26A, a request should be a tribute if it pertains to any of the following:

    • Offering congratulations for significant public achievement;
    • Recognizing meritorious individual achievement;
    • Expressing appreciation for service to the state or the General Assembly;
    • Recognizing an individual’s service in the military (except in the case of recognizing an individual who died while serving, which may be done by House Resolution or Joint Resolution, see House Rule 26 (a)(2)(C));
    • Extending greetings to prominent visitors to the state;
    • Recognizing or commemorating any individual, organization, or group for a significant event or accomplishment;
    • Congratulating the members of an academic or athletic organization for achieving a specific historical, scientific, educational, or athletic goal, such as winning a league, state, or national title, competition, or championship; or
    • Designating a specified day for observing any of the achievements, events, service, or accomplishments set forth above.

    Senate Tributes:

    • Tributes are signed by the President of the Senate;
    • Tributes are printed in the journal following the issuance;

    Under Senate Rule 30A, a request should be a tribute if it pertains to any of the following:

    • Offering congratulations for significant public achievements;
    • Recognizing meritorious individual achievement;
    • Expressing appreciation for service to the state or the General Assembly;
    • Recognizing an individual’s service in the military; or
    • Extending greetings to prominent visitors to the state.

    The House and the Senate Rules state that a request should be a Memorial Tribute or a Joint Memorial Tribute if it expresses sentiment on the death of a person who has not served as a member of the General Assembly (except for the House exceptions listed above regarding military, law enforcement, and firefighting personnel who died while serving) or, in the Senate, meets the exceptions allowed under the rules for Senate Memorials and Joint Memorials in Senate Rule 30 (d).

    All requests for tributes must be submitted to the Chief Clerk of the House or the Secretary of the Senate, as appropriate, or to their designated staff.

    Resolutions

    Resolutions are non-statutory actions but DO require introduction, calendaring, and floor action.

    House Resolutions:

    • Representatives are limited to a total of two resolutions or joint resolutions, unless they receive special permission.
    • Resolutions and joint resolutions must be introduced prior to the last thirty legislative days as required in Joint Rule 23 (g)(2).
    • Upon introduction, they are read into the record by title only and copies are printed.
    • At the discretion of the Speaker, they can either be laid over for one day before being acted on or referred to a committee of reference.
    • No action is taken on the resolution or joint until it is printed.

    Under House Rule 26, House Resolutions or House Joint Resolutions pertain to:

    • Transacting the business of the House or the House and the Senate;
    • Establishing committees comprised of House members or members of both houses;
    • Recognizing an individual member of the armed forces of this country who has died while serving in the armed forces or an individual member of a police, sheriff, or fire department who has died while performing duties for the department;
    • Recognizing a national holiday; or
    • Expressing the will of the House or both houses on a matter not mentioned in House Rule 26A (i.e., not a tribute).

    In addition, but only in the House, pursuant to House Rule 26 (a)(3.5):

    • The Speaker, after consulting with the Majority Leader, may approve up to six resolutions for introduction recognizing or commemorating an individual, organization, or group for a significant event or accomplishment (i.e., which would normally have to be addressed through tributes); and
    • The Speaker, after consulting with the Minority Leader, may approve up to four resolutions for introduction recognizing or commemorating an individual, organization, or group for a significant event or accomplishment (i.e., which normally would have to be addressed through tributes).

    Senate Resolutions:

    • Senators are limited to a total of three resolutions or joint resolutions, unless they receive special permission.
    • Resolutions and joint resolutions must be introduced prior to the last thirty legislative days as required in Joint Rule 23 (g)(2).
    • Upon introduction, they are printed in the journal by title only and copies are printed.
    • At the discretion of the President, they can be acted on immediately, laid over, or referred to a committee of reference.
    • Resolutions and joint resolutions that the Majority Leader identifies as noncontroversial may be placed on the consent calendar.

    Under Senate Rule 30, Senate Resolutions or Senate Joint Resolutions pertain to:

    • Transacting the business of the Senate or the Senate and the House;
    • Establishing investigating committees comprised of Senate members or members of both houses; or
    • Expressing the will of both houses on a matter not mentioned in Senate Rule 30A (i.e., not a tribute).

    All requests for resolutions and memorials must be submitted to the Office of Legislative Legal Services. In 2025, the deadline for requesting resolutions and memorials is Friday, April 4, and the deadline for introducing resolutions and memorials is Monday, April 7.

    Memorials

    Memorials are non-statutory actions but DO require introduction, calendaring, and floor action.

    House Memorials:

    • At the discretion of the Speaker, a former member of the House may be admitted to the House floor to address House members regarding the person being memorialized.
    • The House must stand in recess to hear an address by a former member.

    Under House Rule 26 (a)(4), the request is a House or House Joint Memorial if it expresses sentiment on the death of a person who served as a member of the General Assembly.

    Senate Memorials:

    • At the discretion of the President, a former member of the Senate may be admitted to the Senate floor to address Senate members regarding a memorial expressing sentiment on the death of a person who served as a member of the Senate.

    Under Senate Rule 30 (d), the request is a Senate or Senate Joint Memorial if:

    • It expresses sentiment on the death of a person or persons who served as members of the General Assembly, current or former elected State officials, current or former justices of the Colorado Supreme Court, members of Congress, elected officials of other states or of the United States, or foreign dignitaries; or
    • It memorializes the U.S. Congress on any matter.

    All requests for resolutions and memorials must be submitted to the Office of Legislative Legal Services. In 2025, the deadline for requesting resolutions and memorials is Friday, April 4, and the deadline for introducing resolutions and memorials is Monday, April 7.

  • Let’s Get to Know: Senate Secretary Esther van Mourik

    Let’s Get to Know: Senate Secretary Esther van Mourik

    by Faith Marcovecchio 

    Esther van Mourik, the new Secretary of the Senate of the Colorado General Assembly, was sworn in on January 8, 2025.  No stranger to the Colorado Capitol, van Mourik has worked in various roles in the legislative and executive branches for over two decades, and she is delighted that former Secretary Cindi Markwell is passing her the torch. The nonpartisan Senate Secretary oversees all the operations on the Senate floor, working closely with Colorado’s 35 senators and the numerous staff who support their work. LegiSource spoke to van Mourik as the 75th General Assembly prepared to convene for the upcoming legislative session.

    This interview has been edited for length and clarity. 

    Tell us about your background with the legislature.

    I started with the Office of Legislative Legal Services as an attorney in 2004 with the Government Team. I stayed with the office for almost 17 years. My drafting expertise was focused mostly on tax legislation. So that’s why it was a natural transition for me to take on the role of Deputy Director of Tax Policy at the Department of Revenue in 2021. I rejoined the legislature, after realizing how much I missed it, in 2024, as Assistant Secretary of the Senate. I’ve had a long career in this building.

    Where are you from?

    That’s a long story for me. I was born in Deventer, the Netherlands. My parents immigrated from the Netherlands to Sao Paulo, Brazil, when I was about five. We lived there for two years, and from Sao Paulo we immigrated to Colorado. I spoke Dutch as a child, and when we lived in Sao Paulo, I spoke Portuguese. When my dad was anticipating moving us to the United States, my parents enrolled me in a British English school so I could start to learn to speak English. 

    What are your hobbies?

    First and foremost is spending time with my kids, my husband, and my family—my parents are also nearby.

    I snowboard. I learned when I met my husband because it was a big passion for him. I also hike. We love to be up in the mountains to spend as much time as we can in the great outdoors. That’s my happy place.

    Where is your favorite place in Colorado?

    Anywhere in the mountains, but particularly Copper Mountain. 

    What is a typical work day like for you?

    Really, there is no typical day. I’m amazed at the sheer number of matters the Secretary handles for the Senate—it is nonstop. From managing Senate spaces, to taking care of employees, to working with IT folks, to answering any questions the senators or their staff might have—the days are filled with constant interactions and work.

    What’s the best advice you’ve gotten from Cindi Markwell, former Secretary of the Senate?

    She is such a wealth of knowledge. I cannot begin to explain how grateful I am for the time I’ve been able to spend with her. I am also very thankful that she’s not going away. Cindi will continue on as Senior Advisor to the Secretary and will oversee the construction project to bring all the members back to the Capitol. I’m really pleased that she’s going to stick around, because that means that I have her close by as a resource and mentor. 

    Getting back to your question, Cindi’s really given me so much valuable advice that if I were to give you all of it, this article would be as long as a book. But there are two things that I think stand out for me. One is that she has made it clear that being Secretary is a big job, but she has reminded me to make sure I also prioritize my family. That is very valuable advice. 

    And the other piece of advice that has really resonated with me is to continue to be mindful of the details that go into making the Senate a great place to work and to visit. It’s the little things, like making sure the eagles on the top of the flagpoles are facing the right direction, the chairs are lined up correctly, and the wall hangings are straight; and it’s also the parliamentary-type details such as making sure that the rules of decorum are applied continually and consistently. All of the details contribute to the experience of being in the Senate, whether you’re a senator, a staff person, or a visitor.

    What advice do you have for new members?

    I can’t stop myself from giving my old office a shout-out: Pay attention to your bill draft deadlines!

    What is the biggest change you’ve seen in your time with the legislature?

    I think the best changes I’ve seen in the past 20 years are all the magnificent renovations. The Capitol is so beautiful, and I hope that every visitor really appreciates it. The care that has gone into all of the spaces is wonderful. I forget that I worked in both chambers when those old acoustic tiles were on the walls! 

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

    Honestly, all of it. I feel very honored to have this opportunity. I’m happy that Cindi feels she’s leaving the Senate in good hands and that she can retire. I’m looking forward to working with the legislators and staff in this capacity for years to come!

  • Let’s Get to Know: House Chief Clerk Vanessa Reilly

    Let’s Get to Know: House Chief Clerk Vanessa Reilly

    by Jessica Chapman

    Vanessa Reilly is the new Chief Clerk of the Colorado House of Representatives. She started the job on November 1, 2024, filling the large shoes of Robin Jones, who retired last year after decades of service to the state. As Chief Clerk, Reilly oversees operations on the House floor and serves as one of the first points of contact for legislators seeking procedural or logistical information. She is also responsible for overseeing a number of House staff, including House sergeants, front desk staff, assignables, and the House enrolling room. LegiSource spoke with Reilly in mid-September.

    This interview has been edited for length and clarity. 

    Tell us about your background.

    I was born and raised in Fort Collins. I went to CSU for undergrad and did a double major in political science and French. As you can imagine, the French job opportunities are sparse in Fort Collins, so I moved down to Denver in 2008 to go to law school at DU. After law school, I moved to Seattle for a couple years, then came back to Denver in 2013 and started working at the Secretary of State’s office. That was my first state government job. I came to LCS in 2015 and staffed a variety of different committees in both the House and Senate. I really enjoyed working at LCS. It’s such a great team. I staffed the Capital Development Committee for a few years, which is what eventually took me to the Office of State Planning and Budgeting in 2021. Then I went to the Department of Revenue for a short stint before coming back to LCS in the fall of 2022. I staffed House Education for a year and then last year around this time came upstairs to be the Assistant Chief Clerk.

    What are your hobbies?

    I’m a huge hobby person. I’m currently learning to play tennis and golf. I do some woodworking, painting, and knitting. I’m a huge gardener. I love to cook and bake. I like to travel. I’m a person who ends up overscheduling myself in my off time because I think, “Oh, that sounds like a fun thing to sign up for!” I just like to make stuff with my hands.

    Where is your favorite place in Colorado?

    For all of my hobbies, I don’t ski, I’m not a big hiker. I love to go up to the mountains, but I’ve had major back surgery, so that limits me. I certainly love to go up to the mountains in the summer but I don’t know that I have a particular favorite place in Colorado. My absolute favorite place is Amsterdam. For me, there’s a sense of ease there. It’s very comfortable. People are friendly and very straightforward. It’s a really easy city to get around on foot, on bike, or on public transportation. I really like the architecture, and being around water. 

    Where is your favorite place to eat around the Capitol?

    I pack my lunch a lot, which I know is not very exciting. I packed my lunch every day of last session. The interim is a little more hit or miss. I like to get ramen and dumplings. There aren’t a ton of great dumpling options near the Capitol.  During the interim I’ve gone to a spot called Dumpling Kitchen, which is on Colfax just a little bit east of Colorado. If you have a car, it’s a pretty quick trip for an interim lunch. I also really like the dumplings at ChoLon. 

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

    I’m really excited to meet the new group of legislators this fall. I really enjoy working with the legislators, and I am excited to be leading the team this year with the new group.

    What is a typical work day like for you? 

    During session, if we’re doing floor work, that sets the tone, but otherwise there are some similarities — a typical day is some amount of meetings, some amount of working with staff on the projects they’re working on or questions they have, and then a lot of it is just responding to legislator requests —  anything from procedural questions to logistics questions to parking issues to legislative aide questions. It’s certainly less urgent in the interim and there are fewer procedural questions, but it’s not that much different than during the session.

    For lots of questions, legislators come to us first. We may not be the people who have the answer, but it’s really important to me that the House nonpartisan staff never say “That’s not my job” – that no matter what we’re asked, we get folks closer to the answer. Often that means connecting members with the Office of Legislative Legal Services, Legislative Council Staff, Joint Budget Committee staff, the state auditor’s office, or legislative liaisons. It’s part of what I love about working at the Capitol and working with all of the nonpartisan service agencies. The atmosphere in all of the agencies is very similar. We want to help. That’s really important to the mission overall, but it’s also important to the feeling of teamwork across agencies. I feel like I can call folks up from OLLS and I can say “I don’t know, but I feel like you’re the people who do this,” and you’ll be helpful to me, and that builds those relationships and makes us feel like a team with a shared goal. 

    What’s the best advice you’ve gotten from Robin?

    I think the best advice that I’ve gotten from Robin is to not take things personally. Things will happen in the political landscape, with the caucuses, in between the legislators, with the schedule, and really none of it has anything to do with us. It’s hard to not take it personally because I care deeply about my work and about whether I’m doing a good job at it, but so much of what we have to deal with just isn’t personal.

    What advice do you have for new legislators?

    Listen more than you speak. Don’t be afraid to ask questions. I used to tell committee staff that I trained that it’s better to say you don’t know and follow up with an answer later, and build credibility that way, than to be overconfident and wrong up front. If you listen to the most seasoned people at the Capitol, they are very comfortable saying “I don’t know” and that’s the best example that they can provide. The legislator version of that approach is it’s ok to not know, it’s ok to ask questions, even if you feel like it’s a silly question.

    Anything else you’d like to share?

    I’m so excited to have this opportunity. I love working for the legislature and my door is always open if anyone has questions or concerns or anything they’d like to address.

  • Welcome, Members of the Seventy-fifth General Assembly. The Office of Legislative Legal Services is here to help!

    by Ed DeCecco

    For the seventy-fifth time, the Colorado House of Representatives and Senate will convene for two regular sessions and, if recent history is any indication, a special session or two. (Being the seventy-fifth makes it seem like the General Assembly has reached a milestone age or is celebrating its diamond jubilee, doesn’t it?)

    Like your predecessors, you, the members of the Seventy-fifth General Assembly, will converge on our magnificent State Capitol from all parts of this amazing state. You will elect your leadership, adopt and follow rules of legislative procedure, and debate and decide the important issues of your time. You will have late nights in committee and lengthy debates on the House or Senate floor. Many of you will feel like you have achieved great success, but, alas, some of you will also feel the sting of failure. But whether you are a Democrat, Republican, or Independent, over the course of the 120 days of session, you will all do your very best to represent the Coloradans who elected you.

    And through it all, the Office of Legislative Legal Services (OLLS) will do our very best to help you! Created by statute and with the oversight of the Committee on Legal Services, the OLLS is your nonpartisan legal staff agency. Our primary function aligns with your primary purpose for being here—we draft bills, resolutions, and amendments. But we can also provide you with ancillary materials related to those bills, resolutions, and amendments, such as:

    • Unbiased talking points explaining bills or amendments;
    • Summaries of changes made to a bill in committee or in either chamber;
    • Legislative histories;
    • Comparisons of Colorado law with the law of other states on particular issues; and
    • Written legal memoranda and opinions on issues relating to pending legislation. (We can provide these resources on other topics related to your legislative work, too.)

    The attorney who drafts legislation stays with it throughout the entire legislative process. So if you have any questions about a bill or resolution, ask the attorney whose name and number are listed on the first page of each bill or resolution. Whether during a private conversation on the side of the House or Senate chamber or at the witness table during a committee hearing, OLLS attorneys are happy to answer your questions.

    Beyond all of these listed services, if you need anything, please ask us. If it is something that we can provide, we will do it. Of course, we cannot do anything that compromises our nonpartisan status, such as soliciting legislators as sponsors, disclosing confidential information related to a bill, helping you count votes, or advocating for the passage or defeat of legislation. Nonpartisanship is so deeply engrained in our office’s culture that we would probably be terrible at doing these tasks anyway!

    But where our office excels is providing the nonpartisan legal services and support that you need to have a productive and successful legislative session in 2025. So whether by phone, text, Zoom, or an in-person visit to our current location in Room 091 on the ground floor of the Capitol,[1] we encourage you to reach out to the staff of the OLLS whenever you need legal assistance. We look forward to helping you, which in turn will help the Seventy-fifth General Assembly make its mark on our great state.

    [1] The OLLS is moving to the State Annex Building in the Fall of 2025.

  • Happy New Year!

    Happy New Year!

    We wish you a happy and healthy 2025.

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