Colorado LegiSource

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

Author: olls

  • Court Provides New Guidance on Colorado’s Constitutional Church and State Provisions

    by Julie Pelegrin

    appleUsing public moneys to pay the tuition at a religious school does not violate Colorado’s constitutional requirements for separation of church and state. At least that’s what the Colorado Court of Appeals has ruled. The Court recently reversed a district court opinion and held that the Douglas County School District’s choice scholarship program is constitutional. In addition to providing guidance for interpreting several sections of the constitution, the opinion also provides interesting rulings concerning the ability of a taxpayer to enforce state law and the standard for interpreting school district policies. (more…)

  • What’s to do with due process?

    by Chuck Brackney

    Can the U.S. Congress strip immigrants of the ability to challenge the Immigration and Naturalization Service’s interpretation of a law that barred the ability of legal permanent residents to apply for a waiver of deportation? Can a city seize, by eminent domain, private homes and transfer them to a private property developer for a local economic development project? (more…)

  • A New Workplace Harassment Policy for the General Assembly

    by Jennifer Gilroy

    While you were watching the political sparring on topics as newsworthy and controversial as voter registration, school finance, and renewable energy, another matter with noteworthy implications slipped quietly through the legislative process: workplace harassment. (more…)

  • Supreme Court Upholds General Assembly’s Authority as Education Policymaker

    by Julie Pelegrin

    On May 23, 2013, the Colorado Supreme Court issued its ruling in the case of State v. Lobato (Lobato II), finding that the Public School Finance Act of 1994 is constitutional. The opinion holds that the statutory school funding system is rationally related to the General Assembly’s constitutional duty to establish and maintain a “thorough and uniform” statewide system of free public education. But the opinion actually does much more. The opinion defines the phrase “thorough and uniform”, implies that the constitution does not require a minimum level of funding for education, and further clarifies school districts’ local control authority. Most importantly, Lobato II demonstrates that a majority of the Court strongly supports the separation of powers and will not interfere with the General Assembly’s plenary authority to set education policy. (more…)

  • The Gavel Comes Down on the First Regular Session of the Sixty-ninth General Assembly

    by Julie Pelegrin

    The General Assembly closed out one hundred twenty days of legislative activity yesterday, May 8, by adjourning sine die at 3:40 p.m. in the Senate and 3:44 p.m. in the House. The first regular session of the Sixty-ninth General Assembly was one of the busiest in recent memory. The legislators introduced bills on many difficult, complicated, and contentious issues which led to more late-night sessions and early-morning committee hearings than the General Assembly has experienced in recent years. (more…)

  • The Publications of the Colorado General Assembly

    by Patti Dahlberg

    Once the 2013 Legislative Session winds to a close, you may be looking for some tools to help you review and decipher the products of the last one hundred twenty legislative days. The OLLS is already working on several publications to organize and present the legislation that results from the First Session of the Sixty-ninth General Assembly. (more…)

  • A New Interpretation of “Amendment 41” and Gifts of Travel: Maybe You Can Attend that Conference!

    by Jennifer Gilroy

    By this point in your career as a legislator, you know that, under Amendment 41, you may not accept a scholarship or reimbursement for travel, hotel accommodations, and registration expenses to attend a conference, even one directly related to your public duties as a member of the General Assembly, unless: (more…)

  • Tax Check-off Programs — “Check it out, check it off!”

    by Patti Dahlberg

    Thirty-six years ago, Colorado became the first state in the country to allow a taxpayer to “check-off” a voluntary contribution to a state program. That’s right — the Colorado Nongame and Endangered Wildlife Fund became, in 1977, the first state income tax check-off fund in the United States. Today, across the country and in nearly every state, there are hundreds of check-off funds. Colorado was also the first state to have a collaborative, statewide public awareness campaign — Checkoff Colorado — supported by all of the nonprofit programs that are included on the state income tax form. (more…)

  • Let the Sun Shine In! Open Meetings Help Ensure Transparency in State Government

    by Julie Pelegrin

    Throughout Colorado people like to open their homes to take advantage of the 300-plus days of sunshine the state gets each year. By law, Colorado’s government is required to open its meetings to let the sunshine — and the public — in. (more…)

  • Bill Title Questions…and Answers

    by Julie Pelegrin

    As committees begin hearing more bills and considering more amendments, it’s likely that more questions will arise around bill titles. What is the single subject of this bill? Does this amendment fit within the bill title? Should I amend my bill title? Can I amend my bill title? Following are some quick Q&As designed to help understand the use and application of bill titles in the Colorado General Assembly. (more…)