An informational and educational resource for the Colorado General Assembly by the Office of Legislative Legal Services.
by Anshu Agarwal and Bart Miller
On June 19, 2014, the U.S. Supreme Court held unanimously that government employees are protected under the First Amendment if they provide truthful sworn testimony that is outside of their regular job responsibilities. (more…)
by Jery Payne
Imagine that you get in your car, start the engine, and say “Take me to work.” Then, you begin reading the latest news while drinking your coffee. Thirty minutes later, you look up because the car is parking.
Does that sound nice? (more…)
by Julie Pelegrin
The Establishment Clause within the First Amendment to the United States Constitution states that “Congress shall make no law respecting an establishment of religion…” Similarly, section 4 of article II of the Colorado Constitution states in part, “…Nor shall any preference be given by law to any religious denomination or mode of worship.” In many cases, the United States Supreme Court has interpreted the federal provision to require not only government neutrality as to religion, but also to require a separation between government and religion.
But, each morning during the legislative session, the Speaker of the House and the President of the Senate ask everyone in their chambers to rise for the morning prayer. Over the years, leaders of a wide variety of religions have been invited to lead the prayer, including Catholics, Lutherans, Methodists, Baptists, Mennonites, Presbyterians, Nondenominational Christians, Jews, Hindus, Southern Utes, and Ute Mountain Utes. How can it be constitutional for the legislature to say a prayer every day before it begins working? (more…)
By Julie Pelegrin
The second regular session of the Sixty-ninth General Assembly wrapped up Wednesday, April 7, 2014, adjourning sine die at 8:22 p.m. in the Senate and 10:26 p.m. in the House. Since January, the legislators have spent many hours holding stakeholder meetings, listening to testimony in committee, and debating and amending bills on a wide range of topics from regulation of recreational and medicinal marijuana to tax credits, to flood relief, to adoption, to license plates, to criminal laws, to financing public education, to water law. (more…)
The main goal of the Legislative Session is to pass bills. So what happens to a bill once the bill sponsors have championed it through both houses? Sure, it goes to the Governor for his signature, but why does it take so long to land on his desk? (more…)
By Jery Payne
Imagine you’re a senator in the Colorado General Assembly. You’re sitting at your desk and feeling good. Session is winding down, and you’re done with that monster bill you’ve been working on. All you have left is a short cleanup bill. (more…)
By Julie Pelegrin
In representing the interests of constituents, a legislator may introduce legislation or an amendment that makes someone angry or that someone may consider unfair. When debating bills in committee or on the floor, a legislator may make a statement that offends someone or that someone believes is untrue. In the course of serving in the General Assembly, a legislator may do any number of things that could result in a civil law suit or even, in very rare circumstances, criminal charges. The framers of the Colorado constitution, anticipating these possibilities, included constitutional protections to ensure that legislators can do their jobs without interference or intimidation by the judicial or executive branches. (more…)
By Gwynne Middleton
Legislators work hard to pass bills to improve the lives of Coloradans. Many of these bills include statutory rule-making authority for state agencies so that they can implement the bills legislators pass. In many cases, however, the legislator who sponsors a bill never knows what the state agency is doing to implement the bill. (more…)
By Julie Pelegrin
We’re halfway through the session. Some bills have passed, some have not, and most are still winding their way through the process. As the session picks up speed, bill titles become a matter of greater interest. “My bill just died. Is there another title I can fit it under?” is a question the drafting office hears on a regular basis in the last 60 days of the session. So now is a good time to review the constitutional requirements and the customs and practices pertaining to bill titles. (more…)