Colorado LegiSource

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

Author: olls

  • Concerning bill titles, and, in connection therewith, explaining everything you need to know about the single-subject and original purpose rules.

    Concerning bill titles, and, in connection therewith, explaining everything you need to know about the single-subject and original purpose rules.

    by Megan McCall

    “And the coat rule is relaxed.” “The ayes have it and journal from the previous day is adopted.” “Does it fit under the bill title?” These are all frequently uttered phrases under the Dome, although the last might not be spoken with the same enthusiasm as the first two. The question of whether a matter fits under a bill title has undoubtedly come up a time or two for you during session and probably in a variety of contexts. It might have been a conversation with a bill drafter in the initial drafting of your bill, or perhaps the question has arisen in relation to evaluating an amendment request with a lobbyist or with another member of the General Assembly.

    Section 21 of article V of the Colorado Constitution states that “No bill, except general appropriations bills, shall be passed containing more than one subject, which shall be clearly expressed in its title….” Many of your counterparts in other states also have to comply with their state’s single-subject rule, although notably Congress does not. The Colorado courts have specifically identified the desire to prevent “log-rolling” as a core tenet to the single-subject rule, meaning the rule is intended to prevent several unrelated measures that may not pass individually be joined together in order to garner a majority of votes for the combined measure. Courts have also identified an intention to prevent public surprise as another primary purpose for the rule. A bill’s title should sufficiently put the public on notice as to the contents of the legislation.

    To comply with the nuances of the single-subject rule, bill titles may be drafted broadly or narrowly, and the compliance with the rule is a primary consideration for your drafter in the bill’s initial drafting stages. It is the custom of the OLLS to draft narrow or “tight” bill titles unless otherwise instructed by the bill’s sponsor. Sometimes a narrow bill title, however, is not possible based on the content a bill sponsor wants to cover in the bill. The Colorado Supreme Court consistently has held that generality in a title is not objectionable, and the Constitutional requirements are met if the matters contained in the bill are germane to the subject of the title. Thus a general, or a broad, bill title that describes the general subject matter of the bill should withstand scrutiny as long as the substance of the bill is germane to that title.

    A bill with a broad title may include what is called a “trailer,” which is a way of providing additional information to the reader as to its specific contents. This trailer will list and describe the varying components of the bill. Trailers can be lengthy and although they are in bold font just like the bill title, they are not the title of the bill for purposes of the single-subject analysis. If a bill has a trailer, the best way to keep track of the bill title is to remember that the title is everything after the first word “Concerning” and before the phrase “…, and, in connection therewith,”.

    Keeping a handle on the title of a bill is important as it is moving its way through the legislative process and amendments are offered to the bill, whether it is to your own bill or the bill of another member. This is in light of an ancillary constitutional provision in section 17 of article V that states that “No bill shall be so altered or amended on its passage through either house as to change its original purpose.” Meaning, just as the contents of an introduced bill must relate to the single-subject of the bill as evidenced in the title, so too must any amendments offered to the bill. Once a bill is introduced, the bill title cannot be amended to be made broader, as that would suggest the original purpose is being changed, or perhaps, that there is now more than one subject. A bill title can be amended to narrow its scope (although if narrowed, it can later be amended again to revert back to the original title). Bill trailers can always be amended, and frequently are, to add, revise, or remove specific descriptions of provisions impacted by the substance of amendments.

    The drafter of a bill may advise a member that an amendment request may raise a title issue, meaning the substance of the amendment may not fit under the bill’s title. An amendment that falls outside the bill’s title may be challenged, and the question is ultimately decided by the chair of the committee of reference or of the committee of the whole, depending on when the amendment is offered, and is in the chair’s sole discretion.

    Courts have jurisdiction to consider challenges to a bill’s compliance with the single-subject rule, but courts will generally defer to the judgment of the General Assembly when passing the bill. If the court finds a violation, only the portion of the bill that does not fit within the bill title will be held invalid. Additionally, the General Assembly passes a bill every regular session to enact the Colorado Revised Statutes, republished with all changes passed by bill in the preceding session, which has the effect of curing any title defects that may have existed within any bills passed in the prior session. Accordingly, single subjects are infrequently challenged.

    For more information on bill titles and the single-subject rule, see the OLLS memo concerning bill titles.

  • The OLLS Hereby Finds and Declares That You Should Read This Article

    The OLLS Hereby Finds and Declares That You Should Read This Article

    by Asia Merrill

    Drafters of statute have the difficult task of turning complicated ideas into plain and clear legislation. They work closely with legislators to translate the legislators’ ideas into laws that avoid the need for complex interpretation. The intent of the General Assembly must be as clear as possible so that the law can be administered or followed in the manner that the General Assembly intends. If a statute is interpreted by the Colorado courts, then between precedent and the statute itself, everyone should receive a just and consistent interpretation. Despite this, when several interpretations of a law do arise, lawyers and judges may turn to legislative declarations and statements of intent if they are included in the bill that enacted the law in dispute to help interpret the statute.

    Most of the time when legislators decide to include a legislative declaration or a legislative statement of intent, they choose legislative declarations. Per the Colorado Legislative Drafting Manual, legislative declarations are a formal announcement about a bill. They can establish a philosophical reason behind the new statute or deliver context or history regarding the fiscal or social issue driving the law. In general, they encapsulate the “why” and sometimes the “how” of the proposed legislation. Legislative declarations may also provide data and findings by the General Assembly to support the legislature’s claims and associated actions.

    Legislators may choose between nonstatutory or statutory legislative declarations. Both hold the same legal weight, but each serves a different organizational purpose. Usually, if a bill creates a new entire part or article or it only creates a new section, a statutory legislative declaration is the obvious choice. It’s a way to attach the declaration to the language itself in the statute books, where attorneys and citizencan most easily access it. If a drafter creates or amends multiple areas of statute, however, a nonstatutory legislative declaration most effectively gives context to the language without repeating the declaration in each new or amended section. Nonstatutory legislative declarations are only shown in the Session Laws, but they are cross-referenced in editor’s notes after a statute in the Colorado Revised Statutes.

    Legislators will also use a statement of legislative intent, which describes the intended purpose and desired effect of a bill. In general, legislative intents focus on what the outcome of the bill should be. Statements of intent should never be necessary to understand the desired outcome of the statute and should only supplement the bill. A relatively simple example of a statement of legislative intent is section 6-1-401, C.R.S., which establishes that the entire part is intended to:

     [Assure] that assistive technology [is] provided to persons with disabilities, is of quality, and is covered by adequate warranties to maintain their assistive technology in proper working condition; to assure availability of appropriate loaner replacement assistive technology while their own is being repaired; and to encourage manufacturers and dealers to cooperatively pool assistive technology resources for loaner purposes to assure availability without an undue burden.

    While short and sweet, the statement acts to announce the people the law is intended to serve and simply establishes the desired outcome.

    Legislators should use neither declarations nor statements of intent to simply garner support for a bill, although that certainly seems to happen from time to time. On the other hand, legislators should exercise caution when putting too much weight into a legislative declaration or a legislative statement of intent, lest the underlying statute may fail to address the problems they are trying to solve. It goes without saying that a legislator, and in turn, a drafter, should never use a legislative declaration to replace clear, concise statute.

  • The 1923 General Assembly: A Peep Into the Past

    The 1923 General Assembly: A Peep Into the Past

    by Sarah Meisch

    The Twenty-fourth Session of the Colorado General Assembly convened on January 3, 1923, with its members poised to pass cornerstone water and conservation legislation. This session would change how the Colorado River is allocated, address wildlife preservation, establish Armistice Day, and enhance care for children and the blind in Colorado.

    The Colorado River Compact
    One of the most important pieces of legislation passed in 1923 was the approval of the Colorado River Compact, which had been signed in Santa Fe, New Mexico, on November 24, 1922. Governor-appointed commissioners from Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming attended a conference in early November 1922 to determine how the river water should be allocated between the Colorado River Basin states. Many of the Basin states were newly concerned with securing their state’s water supply due to California’s robust population growth and a U.S. Supreme Court ruling from June 1922, which had declared the law of prior appropriation; this law expressed that, “whoever used the water first had first right of use in times of shortage … regardless of state lines.” The states had an urgent need to come to an equitable agreement to prevent California from requesting water other Basin states believed they had rights to instead.

    The Colorado River Compact was the first time in American history when more than three states came together to distribute the waters of a stream or river, and it became the bedrock for the “Law of the River” — the series of laws and contracts that regulate the use of the Colorado River. The agreement effectively ended navigation and commerce on the river and prioritized the value of the water for domestic and agricultural needs.

    The Compact was not binding until each of the Basin states approved it within their state legislatures and the U.S. Congress ratified it. The General Assembly in 1923 determined that the act was “necessary for the immediate preservation of public peace, health, and safety”, and the act was approved on April 2, 1923. Only six of the seven states needed to ratify the compact, and the Colorado River Compact officially took effect in 1929. Arizona would not ratify the agreement until 1944 due to the state’s concerns with the way the Compact allocated water to the Upper and Lower Basins rather than to each of the states directly.

    The Compact also raised the future question of Mexican ownership over areas of the Colorado River. Water allocations to Mexico were addressed in the Mexican Water Treaty of 1944.

    Colorado Game and Fish
    The General Assembly established several state game refuges in 1923 to regulate and prohibit the killing of certain protected game in Colorado. Violators of state game refuge laws would be guilty of a misdemeanor and punished by a fine of up to $100 and/or imprisonment for up to 60 days in the county jail. The restrictions seem to have been successful for at least one protected animal – the Abert’s Squirrel, which currently ranks as an animal of “least concern” for extinction.

    The 1923 legislation outlined particular limitations on game hunting, including a declaration that there would be no open season on partridges. A maximum of eight geese could be killed or found in a person’s possession in a single day, and only one deer and one elk could be killed by an individual in the entirety of the hunting season. The laws imposed by the 1923 General Assembly were an extension of Colorado’s wildlife protection legislation, which was initially passed to preserve game and fish in Colorado Territory in 1870.

    Armistice Day
    In 1923, the General Assembly changed “Liberty Day”, which was established in 1919, to “Armistice Day.” Legislation established Armistice Day on November 11 each year to commemorate the success of the Allies “against Germany and the survival of liberty and democracy at home and abroad.” Congress passed a resolution in 1926 for annual observance of the holiday, but by that time 27 state legislatures had already turned the day into a legal holiday. In 1938, Armistice Day became a national holiday, and in 1954 Armistice Day became “Veterans Day”.

    In 1968, a controversial new federal law changed the date of Veterans Day from the eleventh day of November to the fourth Monday in October to provide federal employees with a consistent three-day weekend. The first year of observance for the new date was 1971, but two states refused to switch the date, and veterans groups ardently opposed the change. In 1974, several newspaper editorials called for Congress to restore November 11 as the date of observance, and a few months later, 46 of the 50 states ignored the federal celebration in October, opting to switch back to the November 11 date or refusing to move the holiday altogether. In 1975, President Ford amended the Uniform Monday Holiday Act and changed Veterans Day back to November 11. Veterans Day has fallen on November 11 since 1978.

    Care for Neglected Children and the Blind
    Several acts were approved in 1923 to assist with the care of children, mothers, and the blind. The State Home for Dependent and Neglected Children received needed repairs, support, and maintenance that year, and an appropriation was made to construct a nursery cottage and remodel other institutional buildings. The Sheppard-Towner Act was enacted to promote the proper hygiene and welfare of mothers and infants.

    The General Assembly also allocated money to the Industrial Workshop for the Blind to support its operating and maintenance costs. Readers for the blind were paid for any services rendered to blind residents of Colorado who graduated from the Colorado School for Deaf and Blind and were employed within Colorado higher education. This program allowed the blind greater accessibility and opportunity across the state.

    Conclusion
    The 1923 General Assembly’s concern with conservation of our natural resources portended future discussions that continue to echo through the halls of the Colorado State Capitol and the U.S. Capitol today. The Colorado River Compact, the conservation of state refuges and wildlife, and the care of the disadvantaged were key legislative themes of the 1923 General Assembly, but the public’s interest in these issues remains just as keen in 2023.

     

    Citations

  • Amendment Clerks: Who Are They and What Do They Do?

    by Faith Marcovecchio

    It’s Friday morning, and the Committee of the Whole is hearing the second reading of bills. As you glance at the next bill up, you realize you need an amendment. Quick—to the amendment clerk!

    But what is the amendment clerk?

    You’ll find this helpful person at the front of each chamber, at a small desk to the left of the dais. The amendment clerk is a nonpartisan staff member who can, in consultation with the drafter of the bill, draft quick, nonsubstantial amendments for members during second or third readings.

    In Colorado, the amendment clerk is an employee of the Office of Legislative Legal Services and can be either an attorney or a legislative editor who has other drafting and editing responsibilities. In other states, the position is similarly filled by an attorney from the state legislature’s drafting office, but amendment clerking is that attorney’s primary responsibility during session, not something he or she does in addition to drafting bills. And then there are states where floor amendments are drafted exclusively by the bill’s drafter—there is no amendment clerk at all.

    The Office of Legislative Legal Services took over staffing the amendment clerk desk in 1999. Previous to that, part-time House and Senate staff filled this role. However, it made sense for year-round staffers who were already drafting and editing legislation to also sit in this hot seat because of their understanding of the Colorado Revised Statutes and the General Assembly’s procedures, drafting style, and software.

    The amendment clerk desk can be a hive of activity during debate of complex or controversial bills, with legislators and staff vying for the amendment clerk’s time to draft member amendments, contact bill drafters, prepare Committee of the Whole amendments, or contact an attorney to clarify rules. It may be necessary, at times, for the amendment clerk to prioritize requests from legislators. For example, during second reading, the amendment clerk must prepare second reading amendments before Committee of the Whole amendments.

    With so many people tugging at the amendment clerk’s sleeve, there are several things legislators can do to get what they need from the amendment clerk in a timely fashion. If at all possible, members should contact the drafter of bill before the bill is on second reading to request and discuss the amendment. When making an amendment request on the floor during debate, members should provide as much time as possible for the drafter of the bill and the amendment clerk to prepare the amendment to ensure that the language and law are accurate. If there isn’t enough time, members may need to request a short recess while the amendment is being prepared. Another option to allow for the proper time to draft floor amendments, especially when multiple floor amendments are in play, is to ask the Majority Leader to lay the bill over until later in the day’s calendar or a later date.

    Beyond drafting short amendments, amendment clerks can assist members in several other ways. Need to speak to your drafter about a more complex amendment to a bill? The amendment clerk can quickly connect you to the attorney in question. Need a copy of one your bills? The clerk can print one for you. Wondering about particular language in existing statute or legislative rule? The clerk has the full Colorado Revised Statutes and legislative rules on hand and can look up what you need, provided it’s not too extensive. And throughout the proceedings, the amendment clerk is communicating what is happening on the floor in e-mails to the Office of Legislative Legal Services, Legislative Council Staff, and the Joint Budget Committee to help staff members from those agencies assist legislators in the chambers.

  • New Year, New Logo

    New Year, New Logo

    by Sarah Meisch

    The Office of Legislative Legal Services (OLLS) has recently rolled out its first office-specific logo. This logo will be used on OLLS communications moving forward, including office letterhead, email signature blocks, envelopes, memo and legal opinion headers, business cards, and the OLLS website. The logo should make OLLS office communications with legislators and others more easily recognizable as coming from the OLLS.

    What is it?

    The OLLS has created a unique logo to represent the office, seeking to distinguish its role within the legislative department and better differentiate this role from the other legislative service agencies. The logo connects our professional responsibilities to the General Assembly with homages to the state of Colorado. The design features the Colorado “C” of the state flag, as well as a quill and book to symbolize the bill drafting and written legislative and legal research work performed by the office. The feather of the quill is that of our state bird, the lark bunting.

    How was it designed?

    Initially, the OLLS considered using customizable logo websites or soliciting designs from students in a local art program to design an OLLS-specific logo. It was determined, however, that Shannon Wheeler, an OLLS Legislative Editor, with her artistic background and knowledge of the role the OLLS plays in serving the legislature, was the perfect candidate to help with the in-house rebranding of the office. She illustrated several designs that incorporated books, governmental architecture, Colorado scenery, and the Colorado “C” for the office’s consideration. The OLLS Management team selected the final design, presented above, which has already been included in some OLLS staff emails and will soon be on office letterhead and business cards, and in other communications.

    We hope that you like our new logo as much as we do!

  • Beyond Bill and Amendment Drafting: Legal Services Available to You from the Nonpartisan OLLS Staff

    Beyond Bill and Amendment Drafting: Legal Services Available to You from the Nonpartisan OLLS Staff

    by Sharon Eubanks

    With the 2023 legislative session now underway, it is a good time to mention the various written materials and services that the Office of Legislative Legal Services (OLLS) can provide to you in addition to handling your bill and amendment requests. While you have already been interacting with the OLLS staff for your bill and amendment requests, please know that we can do so much more for you.

    As the General Assembly’s nonpartisan legal staff agency, the OLLS maintains an attorney-client relationship with the General Assembly, as an institution, and not with each legislator. Therefore, we are obligated to serve the best interests of the institutional client, the General Assembly, as distinguished from the individual interest of any legislator. When working individually with legislators, however, the OLLS staff, both attorneys and other professional staff, are statutorily bound to maintain the confidentiality of all bill and amendment requests before introduction, and we are ethically bound to maintain the confidentiality of the communications we have with each legislator, as a constituent of the institution.

    Being nonpartisan legislative staff also means that the OLLS aims to serve all legislators fairly and impartially, regardless of party or rank, and to ensure our work is objective, balanced, and accessible. Nonpartisanship provides the foundation for how the OLLS serves the General Assembly through our interactions with legislators, partisan staff, agency officials, lobbyists, and the public.

    In addition to our primary function of drafting bills, resolutions, and amendments, the OLLS staff, upon request, can provide legislators with written materials to help them understand Colorado law and what other states are doing to address various issues and to help them explain their bills. Due to time constraints created by bill and amendment drafting demands, which are our first priority during the legislative session, our staff may not always be able to respond immediately to every legislator’s request. But we do our best to provide the requested materials as quickly as possible and on a first-come, first-served basis. Examples of materials the OLLS can provide to you upon request include:

    • More detailed, written explanations of bills;
    • Summaries of changes made to a bill in committee, in the first house, or in the second house;
    • Tables comparing bill provisions;
    • Explanations of state or federal statutes;
    • Summaries of case law relevant to a bill;
    • Summaries of case law interpreting a particular statute or issue;
    • Legislative histories of issues or bills;
    • Legislative histories of constitutional or statutory provisions;
    • Comparisons of Colorado law with the law of other states on particular issues; and
    • Lists of all Colorado statutes addressing an issue.

    The OLLS also provides written legal opinions, including legal opinions on issues relating to pending legislation. We hold legal opinion requests in strictest confidence. We will not release a legal opinion to other persons without the permission of the legislator who requested it. But we will give the same answer if another legislator asks us the same question, which will result in identical legal opinions for different legislators.

    There are some limitations on the materials and services we can provide to legislators due to our role as nonpartisan staff. Examples of the documents and tasks that the OLLS staff cannot provide include:

    • Voting records on an issue or bill;
    • Talking points advocating for or opposing a policy position;
    • Conveying messages that encourage a legislator to vote for a bill or discourage a legislator from voting for a bill;
    • Soliciting legislators as joint prime sponsors, cosponsors, or second house sponsors;
    • Violating confidentiality, e.g., telling a legislator about amendments prepared for other legislators to the legislator’s bill, telling a legislator what another legislator said or told others about the legislator’s bill, or telling a legislator what legal advice our office gave another legislator;
    • Assisting a legislator in counting votes; and
    • Advocating for passage or defeat of legislation on policy or any other grounds.

    These lists illustrate the materials or services we can and cannot provide, but they are not exhaustive. If a legislator has a request for materials or assistance, please ask us. If it is something we can provide, we will. You can learn more about and make full use of the materials and services we can provide by visiting our web page.

    We are here to help legislators have a successful legislative session in 2023. Whether by phone, email, or an in-person visit to our main office in Room 091 on the ground floor of the Capitol, we encourage you to fully utilize the OLLS staff for all of your needs during the session, not just for bill and amendment drafting.

     

     

     

  • New and Improved Senate Chamber Ready for Prime Time

    New and Improved Senate Chamber Ready for Prime Time

    by Katelyn Guderian

    As the 2022 interim comes to a close, so too does the last chapter of renovations to the Senate Chamber here at the Capitol.

    When the 2022 legislative session ended back in May, there wasn’t much time for resting before extensive changes to the Senate Chamber began. Since the official kick-off meeting to plan the renovations on June 17, the newly renovated Senate Chamber has undergone significant structural and cosmetic changes.

    Almost six months to the day since this leg of the project began, construction crews are wrapping up the final touches in the new and improved Senate Chamber just in time for the beginning of the 2023 session next month.

    Old Becomes New

    In an effort to modernize and upgrade the Chamber while preserving the original character and historical uniqueness, renovation crews relied on a mixture of both old and new ideas to make the updated Senate Chamber a reality. And when you’re talking about a room that’s approaching its 130th birthday, there was a lot to be done!

    Beginning in January 2023, visitors to the Senate Chamber will probably discover a space that looks and feels very familiar with a handful of noticeable changes, such as the new elevated and relocated “well”, or speaking area for Senators, and the larger and more ergonomic amendment clerk desk. The updates have left the Chamber looking like a newer, shinier, brighter version of itself, while also improving safety and accessibility for those who conduct their business within its walls.

    Blending the old with the new in a building as ornate as the Capitol was not without challenges, but the renovations allowed crews to improve upon existing and beloved structures within the Chamber. Highlights included restoring all 35 Senator desks and the Senate Staff front desk, which were all original to the space; polishing and restoring all existing brass fixtures; updating the Senate lobby, including adding a new President’s Marble; carefully replicating the original filigree stenciling on the Chamber walls; sandblasting and painting the metal vents; and preserving a long-forgotten nineteenth-century rug that lay quietly for decades underneath the historic bill safe.

    Renovating the Chamber’s Floors

    Arguably, the largest change to the Chamber is one that most visitors will never see: a completely renovated floor and sub-floor. One of the primary motivations behind this round of updates to the Chamber was to make the room more resistant to fire, and construction crews accomplished this through several months of diligent efforts and precise “floor work”.

    Once a team of movers took all the desks out of the Chamber in early July, it became possible to begin the massive task of removing, updating, and reapplying the materials that make up the Senate’s large floor.

    OLLS staff and all who visited the Capitol over the summer will likely remember the extensive scaffolding on the south side of the building that was present throughout the warmer months. Construction crews used this scaffolding to support a “rubbish chute” made of linked trash cans so they could more efficiently remove debris and trash from the Chamber during the project.

    What, exactly, had to be done? First, contractors carefully removed the original floorboards, made of Douglas fir, as well as the three inches of unexpected concrete they found underneath. These workers then spent approximately the next month reinforcing and rebuilding the sub-floor using steel joists and new concrete panels before carefully replacing the top layer of flooring.

    In addition to its reinforced floor and new out-of-sight sub-floor, the Chamber now contains new carpet that very closely resembles the pattern and color of the original carpet. The room is still predominantly red and gold and will feel much like it did during the 2022 session, but those who look closely will notice the beauty in the details brought out by months of hard work over the summer and fall.

    One hidden feature is a time capsule that Senate Staff carefully prepared and that the renovation crew placed in a corner of the Chamber deep below the new carpet. Newspapers and miscellaneous items from 2022 will help freeze time inside the capsule and, decades or even centuries into the future when the Senate floor is renovated once more, crews will discover a new piece of Colorado history.

    An Improved Audio Experience

    While the Chamber floor was undergoing renovations, the construction team also made significant updates to the access points for the AV and IT systems that run throughout the new flooring system. Future maintenance and updates should prove much easier than in the past as a result of the renovations, and those using hearing aids will also have an easier time listening to floor proceedings during future sessions.

    A “hearing loop” system now exists within the floor structure in the Senate Chamber, and this loop will provide an improved listening experience for all users with a T-Coil feature on their hearing aid. Going forward, compatible hearing aids will also have the functionality to stream audio during session straight from the Senate using an app.

    Paving the Way for Future Sessions

    As the decade-long series of renovations in the Senate Chamber winds down, Senate staff are excited and hopeful about how the changes will improve time spent in the Chamber for years to come. The space is now more fireproof, more accessible for those with disabilities, and more modern from the inside out.

    From the more efficient electrical setup and the 2022 time capsule that now both live beneath the floor to the sparkling golden fixtures throughout, the renovated Senate Chamber honors the Colorado Capitol’s architectural history while making room for a smoother, more modern and streamlined user experience during future sessions.

  • A Holiday Message

    Wishing you a safe and happy holiday season!

  • Bill Sponsor Basics – an Overview

    Bill Sponsor Basics – an Overview

    by Jennifer Gilroy, Michael Dohr, and Jessica Chapman

    Editor’s note: This article was originally written by Patti Dahlberg and Jennifer Gilroy and published on December 22, 2016. The article has been edited and updated.

    Bill requests are coming in hot here at the OLLS and drafting season is well underway. That means now is probably a good time to review some of the basics of bill sponsorship.

    Bill Sponsor Basics

    Prime Sponsorship – First House. The legislator who introduces and carries a bill is called the prime sponsor of the bill. Bills cannot be introduced without a prime sponsor. Every bill must have at least one prime sponsor in each chamber (or house) before it can be heard in both chambers. In both the House and the Senate, the prime sponsor (and joint prime sponsor if there is one) is responsible for explaining the bill in committee and in debate on the House or Senate floor. A prime sponsor also typically arranges for witnesses to testify in favor of the bill in committee.

    A legislator can be the first house prime or joint prime sponsor for only five bills, unless the legislator has special permission from the committee on delayed bills (leadership) to carry more. But a legislator can agree to be the prime or joint prime sponsor of a bill in the second house on as many bills as the legislator wants.

    Prime Sponsorship – Second House. The prime sponsor in the first house (also known as the house of introduction) is responsible for asking a legislator in the second (or opposite) house to carry the bill in that house. The prime sponsor in the first house does not have to identify a second house prime sponsor before the bill is introduced in the first house, but the bill must have a second house prime sponsor before the bill can be heard on third reading in the first house.

    Before a bill can move to the second house, the second house prime sponsor must inform the House Chief Clerk or the Secretary of the Senate of that legislator’s intent to serve as the second house prime sponsor. Prime sponsors’ names in both houses are listed on the bill in bold text.

    Sponsorship and Co-sponsorship. When legislators want to show support for a bill, but not take on the responsibility of actually carrying the bill, they may sign on as sponsors or co-sponsors of the bill. If a legislator adds the legislator’s name to a bill before it is introduced, the legislator is a sponsor of the bill. If a legislator adds the legislator’s name to a bill after it is introduced, the legislator is referred to as a co-sponsor. Co-sponsors are added immediately following adoption of a bill on third reading.

    Joint Prime Sponsorship

    Joint Prime Sponsorship. When two legislators in one house want to carry a bill together, we refer to them as joint prime sponsors. A bill that has joint prime sponsors in one house may or may not have joint prime sponsors in the other house. The rules for joint prime sponsorship are similar for the House (House Rule 27A(b)) and the Senate (Senate Rule 24A(b)).

    Joint prime sponsorship counts against both legislators’ five-bill limit in the first house. Both joint prime sponsors must verify their desire to be joint prime sponsors. A legislator cannot be added as a joint prime sponsor in the first house if that legislator has already submitted five bill requests, unless that legislator has received permission from leadership. The prime sponsor in the first house must notify the House Chief Clerk or the Secretary of the Senate, as appropriate, of any changes in bill sponsorship so that the changes are reflected in subsequent versions of the bill.

    Joint prime sponsorship does not count against the five-bill limit for either legislator in the second house. Again, both joint prime sponsors must verify their desire to be joint prime sponsors.

    Joint prime sponsors are typically determined prior to the bill’s introduction. However, in limited circumstances, joint prime sponsors may be added or changed after introduction immediately after second reading but prior to adoption of the bill on third reading. The House and Senate front desk staff can help with this process.

    Bill Sponsor FAQs:

    How do I add sponsors to my bill before it is introduced?

    Before your bill is introduced you can invite other legislators to be sponsors on your bill via the Electronic Sponsorship feature in iLegislate. Electronic Sponsorship operates similarly to an Evite: You may invite legislators to sponsor your bills and you may share draft files with them. Those legislators may choose whether they want to be a sponsor on your bill. If a legislator wants to be a sponsor on your bill but is not able to indicate that through iLegislate and the bill is still in the Office of Legislative Legal Services’ (OLLS) possession, the legislator may simply notify the OLLS in person, by phone, or by email that the legislator would like to be a sponsor on another legislator’s bill. A legislator may not be added to one of your bills as a sponsor without that legislator’s permission and a legislator will not be added to your bill without your permission. Once your bill is delivered by the OLLS to your chamber’s front desk, the OLLS cannot add any more sponsors. (In special circumstances, the House or Senate front desk staff may be able to add sponsors before a bill is printed, but you must contact your chamber’s front desk staff to see if this special circumstance exists.)

    The OLLS will deliver your prefile bill (your first bill to be introduced) directly to the House or Senate front desk because that bill must be introduced on the first day of session. The OLLS will deliver your other bills to the front desk or to you, as you direct. Do not contact the OLLS to add sponsors after your bill has been delivered to the front desk or to you. Once a bill is delivered, all sponsor additions or changes must go through House or Senate staff.

    How do I add sponsors to my bill after it is delivered for introduction?

    If you direct the OLLS drafter to deliver your bill (other than your prefile bill) to you personally and not your chamber’s front desk, the OLLS staff will give the bill to the sergeants who will then deliver it to you. If the bill is delivered to you prior to its introduction deadline you can show it to other legislators and have them sign the sponsor form attached to the bill or go through iLegislate. The bill delivered to you will include a sponsor form stapled to a heavier sheet of green paper (if you’re a Representative) or cream-colored paper (if you’re a Senator). This is called a bill back. Please do not separate the bill from the bill back and sponsor form.

    After you give the bill back (and attachments) to the front desk, the front desk staff will review the sponsor form and add the names of those legislators who have signed the form indicating their desire to be sponsors of your bill. These sponsor names will appear on the introduced version of the bill. Sponsors cannot be added to your bill after the front desk has sent it out for printing. After your bill has been introduced, however, other legislators may add their names as co-sponsors following passage of your bill on third reading.

    Feel free to contact the OLLS front office, your drafters, or the House and Senate front desks with any questions regarding bill sponsorship. You may contact the OLLS staff to inquire about sponsorship prior to your bill being delivered to the House or Senate for introduction, at (303) 866-2045 or olls.ga@coleg.gov. Once your bill has been delivered for introduction, you may contact the House or Senate front desk staff with your sponsorship questions.

  • Different Roles Under One Dome: An Analysis of Partisan and Nonpartisan Legislative Staff

    by Alana Rosen

    As we quickly approach the New Year and the 2023 legislative session, the Colorado Capitol will soon be filled with legislators, partisan legislative staff, nonpartisan legislative staff, executive agency officials, lobbyists, and the public. With so many individuals in the building, you may be asking yourself, “What is the difference between partisan and nonpartisan legislative staff if they all serve the Colorado General Assembly?”

    Partisan legislative staff work for or strongly support one side, party, or legislator. In Colorado, the House of Representatives and the Senate each have a Democratic and Republican caucus staff made up of partisan legislative aides, interns, and staff. Partisan staff work to advance the policy agenda of a legislator or that person’s caucus, as well as assist with requests from constituents. Partisan staff are more likely to discuss political and personal beliefs in the workplace.

    Nonpartisan legislative staff, on the other hand, aim to serve all legislators impartially— regardless of party—ensuring their work is objective, balanced, and accessible. To fulfill this function properly, nonpartisan staff must provide the highest level of service to all members, under all circumstances, so the General Assembly feels confident in their impartiality. When nonpartisan staff participate in partisan political activities, public confidence in the legislative process can be undermined by creating a perception that nonpartisan staff may not provide the unbiased support necessary to enable the General Assembly to make informed decisions that best serve the public interest.

    Nonpartisan legislative staff have a compelling interest to protect both the actual and perceived integrity of the legislative process by placing narrowly tailored restrictions on employees’ political activities. For this reason, nonpartisan staff are prohibited from fundraising for a partisan candidate, making political contributions, actively participating in the campaign of a partisan candidate, actively participating in a political party or organization, or running for political office. Additionally, nonpartisan staff do not discuss politics or personal beliefs with legislators, partisan legislative staff, executive agency officials, lobbyists, or the public.

    During the interview process, prospective staff are often asked extensive questions regarding their ability to be nonpartisan and whether they have any reservations about being nonpartisan. It is a code of conduct that nonpartisan staff adopt in order to serve the legislature fairly and impartially.

    You may now be wondering, “Who are the nonpartisan staff so I can avoid engaging them in political discussions?” In addition to your nonpartisan Senate Services staff and staff of the House of Representative, there are four nonpartisan legislative agencies created in state law that serve the Colorado General Assembly with oversight from a legislative committee : the Office of Legislative Legal Services (OLLS), Legislative Council Staff (LCS), Joint Budget Committee Staff (JBC), and the Office of the State Auditor (OSA).[1]

    The OLLS is the nonpartisan in-house counsel for the General Assembly. Among its many tasks, the OLLS writes laws, produces statutes, reviews administrative rules, comments on initiated measures, and serves as a resource of legislative information for the public.

    The LCS is the permanent research staff of the General Assembly, providing public policy research at the request of the members. The LCS provides support to legislative committees, responds to requests for research and constituent services, prepares fiscal notes, provides economic and revenue forecasts, and performs other centralized legislative support services.

    The JBC is the General Assembly’s permanent fiscal and budget review agency. The JBC writes the annual appropriations bill, also known as the Long Bill, for the operations of state government. The JBC is charged with analyzing the management, operations, programs, and fiscal needs of the departments of state government and makes recommendations to the members of the General Assembly as they build the state’s budget.

    The OSA seeks to hold state government agencies accountable through performance, financial, and information technology audits of all state departments, colleges, and universities. Audits provide solution-based recommendations that focus on reducing costs, increasing efficiency, promoting the achievement of legislative intent, improving effectiveness of programs and the quality of services, ensuring transparency in government, and ensuring the accuracy and integrity of financial information to hold government agencies accountable for the use of public resources.

    With so many new members in the General Assembly this year, a clearer understanding of the differences between the roles of partisan and nonpartisan legislative staff is helpful as we enter the 2023 legislative session. If you’re a new legislator and have questions, please feel free to contact the OLLS at 303-866-2045 or olls.ga@coleg.gov.

     

    [1] See article 3 of title 2, Colorado Revised Statutes.