Category: Legislative Process

  • Why can’t this all happen sooner?

    by Greg Sobetski, Chief Economist, Legislative Council Staff

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

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

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

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

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

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

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

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

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

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

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

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

  • Legislative Special Session to Convene on August 21

    A photo of the inside of the Colorado Capitol dome with a caption reading "Special Session."

    On August 6, 2025, the Governor issued Executive Order D 2025 009, calling the General Assembly into a special legislative session beginning at 10:00 a.m. on August 21, 2025. Some may be wondering what, exactly, is a special session and how does it work?

    The most obvious things that are different about a special legislative session are:

    1. The General Assembly is in session, even though the regular, 120-day legislative session has ended, and they can remain in session as long as they choose to do so; and
    2. The General Assembly is limited to addressing only certain subjects while meeting in special session.

    Governor’s Authority: Article IV, section 9 of the Colorado Constitution authorizes the Governor to convene the General Assembly “on extraordinary occasions” by a proclamation, known as “the call,” that specifies the purposes for which the General Assembly is to convene. The only business the General Assembly may transact during the special session is the business the Governor specifically identifies in the call. The Governor decides what is an extraordinary occasion and sets the agenda of issues that the General Assembly may consider. The Governor’s call also sets the date and time at which the special session must begin.

    The aforementioned Executive Order is the Governor’s call, directing the General Assembly to convene the First Extraordinary Session of the Seventy-fifth General Assembly  on Thursday, August 21, 2025. The call lists specific subjects for consideration, appropriate legislative action, and funding under the headings of fiscal, health care, food security, and artificial intelligence.

    Agenda Items: The Governor sets the agenda items, but the Colorado Supreme Court has held that the governor cannot prescribe the specific form of legislation. The Governor cannot describe the agenda items so narrowly that the General Assembly is forced, in the words of the Court,[1] “to do the bidding of the governor, or not act at all.” The General Assembly decides whether to enact legislation to address the agenda items and, if enacted, how the legislation will address the agenda items.

    The question of whether a bill or resolution fits within the agenda items is a substantive, not a procedural, question and cannot be decided by a ruling of the chair of a committee or by a ruling of the President of the Senate or the Speaker of the House of Representatives. Similar to deciding whether a bill is constitutional, the Senate and the House decide whether a bill fits within the agenda items when they vote on the bill or resolution.

    Timing: Although the General Assembly must convene on the date and time specified in the call, the General Assembly decides how long the session will last. The Governor may not set a date by which the General Assembly must adjourn.

    General Assembly’s Authority: During a special session, the General Assembly retains its full plenary authority,[2] other than being limited to the agenda items listed in the call. The General Assembly may convene and, after establishing the presence of a quorum, immediately adjourn. The General Assembly may consider but refuse to pass any legislation during a special session, or it may pass one or more bills that address one or more of the agenda items in the Governor’s call. The Governor has no authority to either force the General Assembly to stay in session or force the General Assembly to adjourn.

    Rules and Procedure: Although the agenda is limited, a special session operates under the same constitutional requirements and legislative rules, other than the deadline schedule, that apply during a regular session:

    • Each bill must have a single subject;
    • Each introduced bill must be assigned to a committee and receive consideration and a vote on the merits; and
    • The vote on second reading and the vote on third reading must occur on different calendar days, so it still takes at least three days to pass a bill.

    All of the legislative rules with regard to committees and the operations of the Senate and the House that apply in a regular legislative session also apply in a special legislation session. In addition, the General Assembly may set specific parameters for preparing and organizing a special session.

    If you have additional questions about how the General Assembly operates during a special session, please consult this special session FAQ memo available on the Office of Legislative Legal Services website. 


    [1]  Empire Savings, Building and Loan Association v. Otero Savings and Loan Association, 640 P2d 1151, (1982 Colo.).

    [2] LegiSource Article “Plenary Power – How Far Can The General Assembly Go?“

  • When Does an Act Become a Law? It depends.

    Editor’s note: This article was originally written by Julie Pelegrin and Patti Dahlberg and posted on March 20, 2015. This version has been updated where appropriate.

    Section 19 of article V of the state constitution specifies that an act takes effect “on the date stated in the act, or, if no date is stated in the act, then on its passage.” This seems simple enough. But there are other considerations and constitutional provisions that can affect when a bill eventually becomes law. To determine the date that a bill becomes law, you will need to read the last few sections of the bill to find the appropriate “clause.”

    Effective date clauses:

    It is common practice for a bill to state that it takes effect on a specific date, which may be several weeks or months after adjournment of the legislative session. This interval of time between the date that the bill is signed into law and the specified effective date allows state agencies, local governments, courts, and citizens to learn of the new law and make any required adjustments to comply with the new law. A typical effective date clause looks like this:

    SECTION 20. Effective date. This act takes effect July 1, 2025.

    Applicability clauses:

    An applicability clause specifies that the new law will apply to certain events or transactions that occur on or after the effective date. An applicability clause can be used with either an effective date clause or a safety clause (see below). Applicability clauses are frequently used in criminal laws and other acts concerning contracts, contractual relationships, or court proceedings. The following are some common applicability sections:

    SECTION 81. Effective date – applicability. This act takes effect November 1, 2025, and applies to offenses committed on or after said date.

    Or

    SECTION 25. Applicability. This act takes effect upon passage and applies to fiscal years beginning on or after July 1, 2025. (Note: This applicability clause must be accompanied by a safety clause.)

    Safety Clauses and 90-day Petition Clauses:

    Section 19 of article V of the state constitution says that a bill takes effect upon passage if it doesn’t specify an effective date. But section 1 of article V of the state constitution says that the people reserve to themselves the power to approve or reject at the polls all or any portion of an act passed by the General Assembly – generally referred to as the “referendum power.” To refer an act to the ballot, a citizen must submit a petition to the Secretary of State within 90 days after the General Assembly adjourns the legislative session.

    Section 1 of article V also says that the people cannot refer an act to the ballot if the act is “necessary for the immediate preservation of the public peace, health, or safety….” To clearly identify an act that is not subject to the referendum power, the General Assembly will include in the act a safety clause:

    SECTION 17. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.

    If an act includes a safety clause, section 11 of article IV of the state constitution determines the date of passage. This section requires that every bill be presented to the Governor for approval or veto. A bill becomes law when signed by the Governor, when the Governor fails to act on the bill within the time allowed, or, in the case of a vetoed bill, when the General Assembly overrides the Governor’s veto.

    In the vast majority of cases involving a safety clause, the date of passage is the date of the Governor’s signature. For those bills that the Governor does not sign or veto, the date of passage is the day following the final date for the Governor to act on the bill. If the Governor vetoes a bill and the General Assembly overrides the veto, the date of passage is the date on which the second house passes the veto override motion.

    The Colorado courts have held that the General Assembly is vested with the exclusive power to decide the appropriateness of using the safety clause. The question of including the safety clause in legislation is a matter of debate in the legislative process, and the courts will not review or question the General Assembly’s decision.

    If the General Assembly decides a bill is not necessary for the immediate preservation of the public peace, health, or safety, it doesn’t make sense for it to pass without a specified effective date and take effect upon passage only to have its effectiveness questioned 90 days later when a citizen turns in a petition to put the act on the ballot. To avoid this, in each bill that does not have a safety clause, the General Assembly includes a “90-day petition” clause. This clause is really a specialized type of effective date clause. The standard 90-day petition clause reads as follows:

    SECTION 33. Act subject to petition – effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November [next general election year] and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

    Bills usually default to the effective date specified in the 90-day petition clause, but they may have a different specified effective date, which must be later than 90 days after adjournment. In some cases, this date is many months into the future, sometimes even into the next year.

    Fun Facts About Referendums:

    • The General Assembly can refer an act or part of an act to the people by substituting a referendum clause in place of the safety clause or 90-day petition clause. The bill then becomes a “referred bill,” and it is not subject to the Governor’s veto power.
    • The procedure by which the people can refer to themselves an act or part of an act passed by the General Assembly is often called a “recision referendum” or an “initiated referendum.”
    • According to General Assembly records, the last act that was referred to the ballot by petition of the people was in 1932. The act increased the tax on oleomargarine – and it was affirmed by the voters.
    • Appropriation acts for the support and maintenance of the departments of state and state institutions are not referable either by petition of the people or by an act of the General Assembly, even if the acts do not contain the safety clause.
  • What’s So Special About a Special Session?

    Editor’s note: This article was originally posted on May 10, 2012, and has been updated with information pertaining to the upcoming special session commencing August 26, 2024.

    The Governor issued an executive order calling the General Assembly into a legislative special session. At this point, many legislators and other people may be wondering what, exactly, is a special session and how does it work?

    Interior of the capitol dome with the caption "Special Session."

    The most obvious things that are different about a special legislative session are:

    1. The General Assembly is in session even though the regular, 120-day legislative session has ended, and they can remain in session as long as they choose to do so; and
    2. The General Assembly is limited to addressing only certain subjects while meeting in special session.

    Governor’s Authority: Article IV, section 9 of the Colorado constitution authorizes the Governor to convene the General Assembly “on extraordinary occasions” by a proclamation, known as “the call,” that specifies the purposes for which the General Assembly is to convene. The only business the General Assembly may transact during the special session is the business the Governor specifically identifies in the call. The Governor decides what is an extraordinary occasion and sets the agenda of issues that the General Assembly may consider. The Governor’s call also sets the date and time at which the special session must begin.

    The Governor’s call for the Second Extraordinary Session of the Seventy-Fourth General Assembly directs the General Assembly to convene in special session at 10:00 a.m. on Monday, August 26, 2024. It designates that the General Assembly consider  legislative action and funding for the following: “Concerning property taxes starting with the property tax year commencing on January 1, 2025.”

    Agenda Items: The Governor sets the agenda items, but the Colorado Supreme Court has held that he cannot prescribe the specific form of legislation; he cannot describe the agenda items so narrowly that the General Assembly is forced, in the words of the Court, “to do the bidding of the governor, or not act at all.” The General Assembly decides whether to enact legislation to address the agenda items and, if enacted, how the legislation will address the agenda items.

    It is the advice of the Office of Legislative Legal Services that the question of whether a bill or resolution fits within the agenda items is a substantive, not a procedural, question and cannot be decided by a ruling of the chair of a committee or by a ruling of the President of the Senate or the Speaker of the House of Representatives. Similar to deciding whether a bill is constitutional, the Senate and the House of Representatives decide whether a bill fits within the agenda items when they vote on the bill or resolution.

    Timing: Although the General Assembly must convene on the date and time specified in the call, the General Assembly need not pass, nor even consider, any legislation while in special session, and the General Assembly decides how long the session will last. The Governor may not set a date by which the General Assembly must adjourn.

    General Assembly’s Authority: During a special session, the General Assembly retains its full plenary authority, other than being limited to considering only the agenda items. The General Assembly may convene and, after establishing the presence of a quorum, immediately adjourn. The General Assembly may consider but refuse to pass any legislation during a special session, or it may pass one or more bills that address one or more of the agenda items on the Governor’s call. The Governor has no authority to either force the General Assembly to stay in session or force the General Assembly to adjourn.

    Rules and Procedure: Although the agenda is limited, a special session operates under the same constitutional requirements and legislative rules, other than the deadline schedule, that apply during a regular session:

    • Each bill must have a single subject;
    • Each introduced bill must be assigned to a committee and receive consideration and a vote on the merits; and
    • The vote on second reading and the vote on third reading must occur on different calendar days, so it still takes at least three days to pass a bill.

    All of the legislative rules with regard to committees and the operations of the Senate and the House that apply in a regular legislative session also apply in a special legislation session. If you have additional questions about how the General Assembly operates during a special session, please consult the special session FAQ memo available on the Office of Legislative Legal Services website.