by Patti Dahlberg

According to Joint Rule 24(b)(1)(A), each session a legislator is allowed five bill requests. These five requests are in addition to any appropriation, committee-approved, or sunset bills that a legislator may choose to carry. Seems simple, doesn’t it? Not so fast. To keep these five bill requests, a legislator’s requests must also meet specific bill introduction deadlines.

Bill introduction deadlines:
A legislator may forfeit a bill request if the bill does not meet specific introduction deadlines.* Before each session starts, a legislator must decide which one of his or her bill requests will be a prefile bill, which two will meet the early bill deadlines, and which two will meet the regular bill deadlines.

The prefile deadline is five days before session starts and usually falls on the Friday before the convening date of session. This year the prefile deadline is Friday, January 2, 2015. Each legislator must have one bill delivered to the front desk of the House or the Senate by this date or risk forfeiting a bill request.

The remaining House and Senate early and regular bill introduction deadlines vary by chamber and are listed below:

Bill order
A legislator’s “bill order” is the order in which his or her bills are introduced. Joint Rule 23 (a) indicates that a legislator should choose his or her prefile bill and two early bills from the three requests made by the December bill request deadline. But the rule also allows a legislator to choose a bill request submitted after the December request deadline to meet the early bill introduction deadlines.

A legislator’s early bill requests are usually the first three bills the legislator introduces, because a bill submitted by the earliest request deadline is more likely to be further along in the drafting process than a bill request that’s submitted later. But sometimes an early bill request might be more complicated than expected. In this case, the legislator may choose a relatively simple “regular” bill request (i.e., a request submitted after the December deadline) to be one of his or her early bills; then the legislator has more time to work on the more complicated early bill request.

The Office of Legislative Legal Services (OLLS) encourages legislators to designate their prefile bill and early introduction bills (i.e., the bill order) as soon as possible so that the bill drafters can prioritize these bills to meet the early introduction deadlines. If the OLLS does not have a legislator’s bill order on record, they will contact the legislator for this information and will continue contacting the legislator until they get the information.

* A legislator can ask for permission from the Committee on Delayed Bills to put in additional bill requests or to waive a specific bill introduction deadline to a different date.

by Kate Meyer

Colorado, the nation’s eighth-largest state by land area, is justifiably renowned for its iconic landscapes, topographic variety, and diverse climate. However, with legislative sessions spanning treacherous winter and unpredictable springtime months, these quintessentially Coloradan features often conspire to impede the ability of the state’s citizens to travel to Denver to testify on legislation. Additionally, time, money, and accessibility concerns can deter residents of more distant locales. As a result, residents hailing from the more far-flung areas of the state can be underrepresented at legislative hearings. To address this inequity, there may soon be an alternative to the requirement to appear in-person in order to give testimony.

Last session, the General Assembly passed House Bill 14-1303, which enables and directs the Executive Committee of the Legislative Council to promulgate policies that facilitate the receipt of public testimony from remote locations around Colorado. The bill is the General Assembly’s latest effort to adapt modern technology to the legislative process, but don’t expect to see citizens using FaceTime to testify on every bill when the legislature convenes this January. Like many of its forays into the new era of communication, the legislature will implement this bill cautiously and, likely, incrementally.

What does HB14-1303 do? The bill directs the Executive Committee to “consider, recommend, and establish policies allowing legislative committees to take remote testimony from one or more centralized remote sites located around the state.” If the Executive Committee ultimately approves the use of remote testimony, at least one of those remote sites must be located on the Western Slope. And the Executive Committee is authorized specifically to contract with state institutions of higher education, which are typically well-known and well-equipped, that are willing to serve as those centralized remote sites. Further, the use of video conferencing can be implemented in phases.

What doesn’t HB14-1303 do? Although HB14-1303 will allow some remote testimony, logistical circumstances, fiscal realities, and technological uncertainties require that the scope of the bill be somewhat limited. Therefore, HB14-1303 also put a number of crucial limitations on the way in which remote testimony will be accepted. Specifically, the bill does not:

• Require every committee to take remote testimony, on every bill, at every hearing;
• Erode the General Assembly’s ability to establish and enforce rules of procedure and decorum;
• Allow citizens to provide remote testimony from any location they wish (say, their kitchen tables or Waikiki Beach); or
• Require two-way video-conferencing capabilities.

Other states allowing remote testimony. Two states currently permit remote public testimony. Like Colorado, these states’ capital cities are located in areas that often present geographic and meteorological challenges for many citizens.

• Alaska’s Legislative Affairs Agency has set up 23 remote Legislative Information Offices throughout the state, which, in addition to providing general legislative information, allow members of the public to participate in committee hearings taking place in Juneau.
• In 1991, the Nevada legislature appropriated moneys to set up a video conferencing link between committee rooms in the legislature and a room at the Cashman Field Convention Center in Las Vegas, the state’s most populous city.

What are the next steps? Legislative Council Staff (LCS) is now in the process of evaluating potential vendors for the technology that will be involved with remote testimony. Three committee rooms are being adapted to allow for remote testimony, and LCS is developing related policies for the Executive Committee to consider.

On September 5, 2014, the interim Water Resources Review Committee participated in a “trial run” of remote testimony. The committee met in the state Capitol, and received testimony from Hanna Holms at Mesa State University’s Water Center in Grand Junction. This “real-world” experience will undoubtedly inform the policies being developed.

The General Assembly will be checking in on committees’ use of remote testimony through the next two sessions. HB14-1303 requires the director of research at LCS, before August 1, 2016, to submit to the members of the General Assembly a report detailing the extent to which remote testimony has been utilized, the costs associated with offering remote testimony, and any technical or other issues that arose in connection with remote testimony.

by Patti Dahlberg and Julie Pelegrin

The 2014 election is finally over and the first bill request deadlines are just around the corner! One might think that returning and newly elected legislators would have a little time to take a breath and relax awhile before the 2015 legislative session starts. Unfortunately, the legislative rules don’t allow for much relaxation. The bill deadlines require legislators to complete the bulk of bill drafting in December before the first day of the legislative session.*

Returning legislators have until Monday, December 1, 2014, to submit their first three bill requests to the Office of Legislative Legal Services (OLLS). Newly elected legislators have a little extra time — but not much — to get their session legs. They must submit their first three bill requests to the OLLS by Monday, December 15, 2014. But if all legislators submit their bill requests now, or as soon as possible, drafters can work on rough drafts sooner and work out any drafting kinks long before the first day of session — Wednesday, January 7, 2015.

What all legislators need to know about requesting bills [Joint Rule 24(b)(1)(A)]:

• The Joint Rules allow each legislator five bill requests each session. These five bill requests are in addition to any appropriation, committee-approved, or sunset bill requests that a legislator may choose to carry.†
• To reach the five-bill-request limit within the bill request deadlines, legislators must submit at least three bill requests to the OLLS by the December deadlines. Legislators must submit the last two requests by January 13, 2015.
• If a legislator submits fewer than three requests on or before the December deadline, he or she forfeits the other one or two requests that are due by that date.†

The first bill request deadline is still a few weeks away so some legislators may feel they have plenty of time. But if a legislator waits until December to submit the first three bill requests, he or she will, almost immediately, have to provide sufficient drafting information so that the drafters can draft all three bills at once, and the legislator will have to very quickly decide which of these requests will be introduced on the first day of session. Although the legislative rules allow newly elected members of the General Assembly more time to request their first three bills than a returning legislator has, these rules do not actually allow a new legislator more time to have his or her bills drafted.

If possible, every legislator — even the new ones — should try to submit at least one bill request ASAP. This bill request can touch on any subject matter and does not need to be completely conceptualized. The bill drafting process allows for potential issues or problems to rise to the surface making it easier for the legislator to decide whether his or her idea is “workable.” If it becomes apparent that a request isn’t working, the legislator can withdraw it and replace it with a new request, as long as he or she makes that decision on or before the December 1 deadline for returning members or the December 15 deadline for new members.

The OLLS encourages legislators to submit more than three requests by the December deadlines. By doing so, a legislator preserves the flexibility to withdraw and replace at least one of his or her requests after the December deadline without losing a request. For example, if a legislator submits only the three-request minimum by the December deadline and later withdraws one of those requests, the legislator forfeits the withdrawn bill request because the rules allow a legislator to make only two bill requests after the December deadline and before the January deadline. On the other hand, if a legislator submits four bill requests by the December deadline and later withdraws one of those requests, the legislator is left with three bill requests that meet the early request deadline plus the legislator can submit the two requests that are allowed after the early bill request deadline — for a total of five bill requests.

* Every legislator’s first bill must be introduced on the first day of the legislative session (Wednesday, January 7). Every senator’s next two bills must be ready for introduction on the 3rd legislative day (Friday, January 9), and every representative’s next two bills must be ready for introduction on the 7th legislative day (Tuesday, January 13).

† A legislator can ask permission from the House or Senate Committee on Delayed Bills to submit additional bill requests or to waive a bill request deadline. Permission to introduce an additional bill request or a delayed bill in the House requires the approval of at least two of these three persons: the Speaker of the House, the Majority Leader, and the Minority Leader. Permission to introduce an additional bill request or a delayed bill in the Senate requires the approval of at least two of these three persons: the President of the Senate, the Majority Leader, and the Minority Leader.

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 Matthew Dawkins

Starting in 2014, the process for requesting an interim study committee has changed. With the recent amendment of section 2-3-303.3, C.R.S., a legislator can no longer create an interim committee by passing a bill or resolution. Now, a legislator who thinks a group of his or her colleagues should study a particular issue during the interim must submit a formal letter to the Legislative Council for consideration and prioritization. (more…)

by Patti Dahlberg

It’s November — which means the first bill request deadline is coming up fast! Somehow each year time seems to slip away until this first bill request deadline rudely rears its head amidst holidays and about a million other things that need to be taken care of before session starts. Requesting bills now and working with drafters on rough drafts before session starts can only make a legislator’s life easier as the first day of session (Wednesday, January 8, 2014) creeps closer and closer! (more…)

By Esther van Mourik

Did you know that the General Assembly is now SMARTer? It is! Last session the General Assembly passed House Bill 13-1299, which repealed and reenacted the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act”.  (more…)

by Patti Dahlberg

Every “i” has been dotted, every “t” has been crossed. A bill has been drafted, redrafted, discussed among colleagues and stakeholders, and then redrafted again. It’s time to introduce the bill into prime time! This first version of the bill, not surprisingly, is called the introduced (or printed) bill. After introduction, a bill may proceed through the legislative process without amendment or it may be heavily amended at every stage. Either way, each floor action on a bill will create a new version of the bill, leaving it with a new name and a stamp indicating where the bill is in the process, the date it was considered, and whether it was amended. (more…)

by Patti Dahlberg and Julie Pelegrin

Do you ever feel like things during the legislative session are just going too fast and that certain bills and topics need much more in-depth study time than they can get during the legislative session? Well, there’s an “app” for that – so to speak. It’s called a legislative interim study committee or an “interim committee”. When a legislator has a specific topic that he or she feels deserves time for in-depth study and testimony from a variety of experts in the field, the legislator may introduce a bill or joint resolution to create an interim committee. (more…)

by Patti Dahlberg

Do you know of any organizations or individuals in your district that deserve recognition for their contributions to the community or congratulations for attaining a significant achievement?  Maybe the local high school won the championship for the first time or a middle school science whiz won a nationwide science competition. Perhaps the local XYZ Club just raised $150,000 for a charity or someone from your district discovered a lost civilization. (more…)