Colorado LegiSource

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

Category: Legislative Rules

  • Automatic Rule Changes During the Last Days of Session

    Editor’s note: This article was originally written by Julie Pelegrin and posted on April 18, 2019. This version has been expanded and updated where appropriate.

    On May 8, legislators, legislative staff, lobbyists, and capitol reporters can all hit the snooze button and roll over for another hour of sleep. But between now and then, there are several amendments to read, bills to consider, and differences to resolve. To help ensure that both houses can complete their work by midnight on May 7, the legislative rules automatically speed up or suspend certain procedural requirements in the last few days of the session.

    Last two weeks of session:

    • Senate Rule 22 (a)(2): A Senate committee must usually meet on the weekdays and at the times, and places specified in the Schedule of Committee Meetings, but a committee meeting may be held at a different time or place (but not day of the week) if the chair announces the meeting at least 24 hours in advance when the Senate is in session. During the last two weeks of session, the day of the week may be changed and the announcement may be made less than 24 hours if it is made as much in advance as possible.

    Last 10 days of Session:

    • House Rule 25 (j)(3); Senate Rule 22 (f): Each House and Senate committee chair must submit committee reports to their respective front desks as soon as possible after the committee acts on a bill. No more waiting for two, three, or five days to turn in the report. And during these last 10 days, at the request of the Senate Majority Leader or President, a Senate committee chair must submit the committee report immediately. If that doesn’t happen within 24 hours after the request, the committee staff person is required to submit the report to the Senate front desk on the chair’s behalf.
    • House Rule 33 (b.5): Usually, the House rules only allow technical amendments on third reading; offering a substantial amendment on third reading may result in the bill being referred back to second reading. During the last 10 days of session, however, a Representative may offer a substantial amendment to a bill on third reading.
    • House Rule 35 (a): Throughout most of the session, a representative may give notice of the intention to move to reconsider a question. In this case, the representative has until noon on the next day of actual session to move to reconsider. However, during the last 10 days of session, a member cannot give notice of intention to reconsider.
    • House Rule 35 (b) and (e): A motion to reconsider usually requires a 2/3 vote to pass. But in the last 10 days of session, a motion to reconsider—whether in a House committee or in the full House—requires only a majority vote.
    • House Rule 36 (d): The House can consider the Senate amendments made to a House bill without waiting for the members of the House to receive a copy of the rerevised bill and for the notice of consideration to be printed in the calendar.
    • House Rule 36 (d): Legislators can vote on a conference committee report once the report is turned in to the front desk—even if the report has not been distributed to the members and has not been calendared for consideration. The usual practice, however, is to try to distribute copies of conference committee reports to legislators before the vote.

    Last 5 Days of Session:

    • Joint Rule 7: One day after a bill is assigned to a conference committee, a majority of either house may demand a conference committee report, and the committee must deliver the report before the close of the second legislative day after such demand is made. But during the last five days of session, the report must be delivered by the close of the legislative day during which the demand is made. If a bill has been assigned to a conference committee at any time during the session and the committee hasn’t turned in a report, the committee must submit its report to the desk within the last five days of session.

    Last 3 Days of Session:

    • Senate Rule 26 (a): The Senate can consider the House amendments made to a Senate bill without waiting for the members of the Senate to receive a copy of the rerevised bill and for the notice of consideration to be printed in the calendar.
    • Senate Rule 26 (b): Legislators can vote on a conference committee report once the report is turned in to the front desk—even if the report has not been distributed to the members and has not been calendared for consideration. The usual practice, however, is to try to distribute copies of conference committee reports to legislators before the vote.
    • Senate Rule 18 (d): Throughout most of the session, a Senator may give notice of reconsideration, and the Secretary of the Senate will hold the bill for which the notice was given for up to two days of actual session. During the last three days of session, however, this rule is suspended, and a Senator cannot hold up a bill by giving notice to reconsider.

    Before the 118th legislative day, the President of the Senate may announce that the Senate is in the last three days of the legislative session. This does not mean that the Senate will adjourn sine die before the 120th legislative day, but it does trigger the rule changes that apply in the last three days of session. By contrast, it’s unlikely that the Speaker of the House will announce that the House is in the last 10 days of the legislative session before the 111th day. It’s more likely that on April 28th—the 111th legislative day—she will announce that the House is in the last 10 days of the legislative session. This announcement will remind the members of the House of the end-of-session procedural rule changes.

  • Tribute, Resolution, or Memorial – Making the Right Choice

    Editor’s note: This article was last posted on April 8, 2021, and has been edited as appropriate.

    Updated by Sarah Meisch

    When legislators wish to show support for individuals or groups, make public statements about issues or concerns, or ask Congress to take action on a matter, they may request a tribute, resolution, or memorial to get the job done. Legislators decide what they wish to do, and the legislative rules direct them how to get it done.

    This handy guide sums up these rules for making the right choice. For example, if a legislator wants to congratulate someone, a tribute is the way to go. It is an appropriate and efficient way to send congratulations to people or organizations or to recognize service to the state. In fact, whenever a legislator wishes to “officially” congratulate, recognize, express appreciation, commemorate, or even create a day of recognition, the rules pretty much scream “tribute”.

    Tributes

    Tributes are non-legislative actions and DO NOT require introduction, calendaring, or floor action.

    Tributes are a very efficient and effective way for legislators to show support for individuals or groups. Legislators are not limited in the number of tributes they may request, but they do need permission from the Speaker of the House or the President of the Senate (depending on the house of origin) before the tribute can be issued. The tribute’s content is unique to each request and is designed to fit the needs of each requestor. It may be short and created fairly quickly, or it may be longer and more detailed (based on information provided by the legislator). Tributes are easier to present to an individual or a group as they can be scheduled around the recipient and legislator’s calendars rather than the legislative calendar. In addition, they can go on the road—the legislator can conveniently award them anywhere and anytime.

    Tributes are personalized and look special. They are printed in a special font, on special paper, and placed in a special folder or, if preferred (and at a slight cost), in a frame for display. Tributes are signed by the Speaker or the President, as appropriate, or, in the case of joint tributes, both.

    House Tributes:

    • The House will not issue a tribute unless the Speaker of the House has given permission;
    • The Chief Clerk of the House maintains copies of each tribute issued for two years.

    Under House Rule 26A, a request should be a tribute if it pertains to any of the following:

    • Offering congratulations for significant public achievement;
    • Recognizing meritorious individual achievement;
    • Expressing appreciation for service to the state or the General Assembly;
    • Recognizing an individual’s service in the military (except in the case of recognizing an individual who died while serving, which may be done by House Resolution or Joint Resolution, see House Rule 26 (a)(2)(C));
    • Extending greetings to prominent visitors to the state;
    • Recognizing or commemorating any individual, organization, or group for a significant event or accomplishment;
    • Congratulating the members of an academic or athletic organization for achieving a specific historical, scientific, educational, or athletic goal, such as winning a league, state, or national title, competition, or championship; or
    • Designating a specified day for observing any of the achievements, events, service, or accomplishments set forth above.

    Senate Tributes:

    • Tributes are signed by the President of the Senate;
    • Tributes are printed in the journal following the issuance;

    Under Senate Rule 30A, a request should be a tribute if it pertains to any of the following:

    • Offering congratulations for significant public achievements;
    • Recognizing meritorious individual achievement;
    • Expressing appreciation for service to the state or the General Assembly;
    • Recognizing an individual’s service in the military; or
    • Extending greetings to prominent visitors to the state.

    The House and the Senate Rules state that a request should be a Memorial Tribute or a Joint Memorial Tribute if it expresses sentiment on the death of a person who has not served as a member of the General Assembly (except for the House exceptions listed above regarding military, law enforcement, and firefighting personnel who died while serving) or, in the Senate, meets the exceptions allowed under the rules for Senate Memorials and Joint Memorials in Senate Rule 30 (d).

    All requests for tributes must be submitted to the Chief Clerk of the House or the Secretary of the Senate, as appropriate, or to their designated staff.

    Resolutions

    Resolutions are non-statutory actions but DO require introduction, calendaring, and floor action.

    House Resolutions:

    • Representatives are limited to a total of two resolutions or joint resolutions, unless they receive special permission.
    • Resolutions and joint resolutions must be introduced prior to the last thirty legislative days as required in Joint Rule 23 (g)(2).
    • Upon introduction, they are read into the record by title only and copies are printed.
    • At the discretion of the Speaker, they can either be laid over for one day before being acted on or referred to a committee of reference.
    • No action is taken on the resolution or joint until it is printed.

    Under House Rule 26, House Resolutions or House Joint Resolutions pertain to:

    • Transacting the business of the House or the House and the Senate;
    • Establishing committees comprised of House members or members of both houses;
    • Recognizing an individual member of the armed forces of this country who has died while serving in the armed forces or an individual member of a police, sheriff, or fire department who has died while performing duties for the department;
    • Recognizing a national holiday; or
    • Expressing the will of the House or both houses on a matter not mentioned in House Rule 26A (i.e., not a tribute).

    In addition, but only in the House, pursuant to House Rule 26 (a)(3.5):

    • The Speaker, after consulting with the Majority Leader, may approve up to six resolutions for introduction recognizing or commemorating an individual, organization, or group for a significant event or accomplishment (i.e., which would normally have to be addressed through tributes); and
    • The Speaker, after consulting with the Minority Leader, may approve up to four resolutions for introduction recognizing or commemorating an individual, organization, or group for a significant event or accomplishment (i.e., which normally would have to be addressed through tributes).

    Senate Resolutions:

    • Senators are limited to a total of three resolutions or joint resolutions, unless they receive special permission.
    • Resolutions and joint resolutions must be introduced prior to the last thirty legislative days as required in Joint Rule 23 (g)(2).
    • Upon introduction, they are printed in the journal by title only and copies are printed.
    • At the discretion of the President, they can be acted on immediately, laid over, or referred to a committee of reference.
    • Resolutions and joint resolutions that the Majority Leader identifies as noncontroversial may be placed on the consent calendar.

    Under Senate Rule 30, Senate Resolutions or Senate Joint Resolutions pertain to:

    • Transacting the business of the Senate or the Senate and the House;
    • Establishing investigating committees comprised of Senate members or members of both houses; or
    • Expressing the will of both houses on a matter not mentioned in Senate Rule 30A (i.e., not a tribute).

    All requests for resolutions and memorials must be submitted to the Office of Legislative Legal Services. In 2025, the deadline for requesting resolutions and memorials is Friday, April 4, and the deadline for introducing resolutions and memorials is Monday, April 7.

    Memorials

    Memorials are non-statutory actions but DO require introduction, calendaring, and floor action.

    House Memorials:

    • At the discretion of the Speaker, a former member of the House may be admitted to the House floor to address House members regarding the person being memorialized.
    • The House must stand in recess to hear an address by a former member.

    Under House Rule 26 (a)(4), the request is a House or House Joint Memorial if it expresses sentiment on the death of a person who served as a member of the General Assembly.

    Senate Memorials:

    • At the discretion of the President, a former member of the Senate may be admitted to the Senate floor to address Senate members regarding a memorial expressing sentiment on the death of a person who served as a member of the Senate.

    Under Senate Rule 30 (d), the request is a Senate or Senate Joint Memorial if:

    • It expresses sentiment on the death of a person or persons who served as members of the General Assembly, current or former elected State officials, current or former justices of the Colorado Supreme Court, members of Congress, elected officials of other states or of the United States, or foreign dignitaries; or
    • It memorializes the U.S. Congress on any matter.

    All requests for resolutions and memorials must be submitted to the Office of Legislative Legal Services. In 2025, the deadline for requesting resolutions and memorials is Friday, April 4, and the deadline for introducing resolutions and memorials is Monday, April 7.

  • Back to the Basics: Bill Sponsorship Overview

    Editor’s Note: This article was originally written by Jennifer Gilroy, Michael Dohr, and Jessica Chapman and published on December 15, 2022. The article has been edited and updated.

    by Alana Rosen

    Bill drafting season is well underway at the Office of Legislative Legal Services, which means now is probably a good time to review some of the basics of bill sponsorship.

    Prime Sponsorship Basics

    Prime Sponsorship – First Chamber. The legislator who introduces and carries a bill is called the prime sponsor of the bill. Bills cannot be introduced without a prime sponsor. 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 prime sponsor or joint prime sponsor for only five bills, unless the legislator has special permission from the Committee on Delayed Bills (also known as leadership) to carry more. But a legislator can agree to be the prime sponsor or joint prime sponsor of a bill in the second chamber on as many bills as the legislator wants.

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

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

    Joint Prime Sponsorship Basics

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

    For legislators who joint prime sponsor a bill in the first chamber, the joint prime sponsorship counts against both legislators’ five-bill limit. 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 chamber if that legislator has already submitted five bill requests, unless that legislator has received permission from leadership. The prime sponsor in the first chamber 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 chamber. 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.

    Sponsorship and Co-sponsorship Basics

    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 their name to a bill before it is introduced, the legislator is a sponsor of the bill. If a legislator adds their 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. Sponsorship or co-sponsorship does not count against the legislator’s five-bill limit.

    Bill Sponsor FAQs:

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

          You may add prime sponsors, joint prime sponsors, and sponsors in two ways if the bill is still in the Office’s possession:

          • Before your bill is introduced, you, the bill sponsor, may notify the drafter in person, by phone, or by email that you would like to add a legislator as a prime sponsor, joint prime sponsor, or sponsor to your bill. To add a prime sponsor or joint prime sponsor, the drafter will need permission from both you and the legislator who will be added as the prime sponsor or joint prime sponsor. This process is referred to as “sponsorship verification”. Please remember that if the joint prime sponsor in the first chamber has already requested or introduced five bills, that joint prime sponsor must obtain delayed bill permission from the appropriate Committee on Delayed Bills. To add a sponsor, the drafter will need permission only from the legislator being added as a sponsor. Please give your drafter ample time to verify prime sponsorship, joint prime sponsorship, or sponsorship before the bill is scheduled to be filed for introduction.
          • Before your bill is introduced, you can also invite other legislators to sponsor 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.

          Once your bill is delivered by the Office to your chamber’s front desk, the Office 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 Office will deliver your prefile bill (your first bill to be introduced) directly to the House or Senate front desk because that bill must be ready for introduction on the first day of session. The Office will deliver your other bills to the front desk or to you, as you direct. Do not contact the Office 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.

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

          If you direct the drafter to deliver your bill (other than your prefile bill) to you personally and not your chamber’s front desk, Office 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 House or Senate front desk staff, the House or Senate 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 House or Senate front desk staff have submitted it 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 Office staff, your drafters, or the House and Senate front desks with any questions regarding bill sponsorship. You may contact Office staff to inquire about sponsorship prior to the delivery of your bill 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.

        1. Session Deadlines Reminder: They Have Changed

          Session Deadlines Reminder: They Have Changed

          by Michael Dohr

          For a casual observer of the Colorado General Assembly, the process may seem chaotic and disorganized, and seasoned veterans of the General Assembly can attest to the chaos and uncertainty. But behind the constant hive of activity, there are rules intended to keep the General Assembly on track to sine die. Those rules include deadlines that determine when bills must be requested, introduced, heard in committee, considered on the floor, and ultimately passed. Did you know those deadlines changed in the 2024 session?

          During the 2024 session, the General Assembly adopted SJR 24-001, Changes to the Deadline Schedule. Prior to 2024, the deadlines had not changed for decades, but the way the General Assembly operates has changed, and the former deadlines became a mismatch for the current General Assembly. One of the most notable changes in the General Assembly’s operation was the introduction of SMART act hearings at which the committees of reference hear presentations from the departments and agencies that each committee oversees and from stakeholders that frequently appear before the committee.

          From 2014 to 2019, the SMART act hearings were held in December before a new session would begin. Since 2020, the SMART act hearings have been held during the first two weeks of session. The result was the General Assembly was usually not hearing bills when SMART act hearings were conducted. But according to the old deadlines, three-fifths of the bills were supposed to be introduced by the seventh day of session. That meant there were a lot of introduced bills, but no committees to hear them. It also meant that a lot of bills received introduction deadline extensions. SJR 24-001 aimed to change that.

          SJR 24-001 changed the deadlines for when bills needed to be introduced. Each session, each member may introduce five bills unless granted additional bills. The five bills are designated as 1 prefile bill, 2 early bills, and 2 regular bills. This chart shows how the introduction deadlines changed.

           Old DeadlineNew Deadline
          Prefile BillDay 1Day 1
          Senate 2 Early BillsDay 3Day 10
          House 2 Early BillsDay 7Day 17
          Senate 2 Regular BillsDay 17Day 24
          House 2 Regular BillsDay 22Day 31

          The changes resulted in spreading out the introduction of early and regular bills to four consecutive Fridays with all the bills introduced within the first month of session. The previous deadline schedule was more compact with all the bills introduced within almost the first three weeks and had some deadlines within the same week. The change in the deadlines in 2024 gave members and Office of Legislative Legal Service attorneys more time to work on the bills before introduction, which resulted in more bills being introduced within the deadlines and fewer deadline extensions being granted.

          With later introduction deadlines, the deadlines for committees to hear bills and for bills to be considered on the floor had to change as well. For example, the deadline for committees to hear bills in the first house, other than the appropriations committee, was extended 15 days. Correspondingly, the time for each house to pass its bills on the floor was extended by 16 days.

          With all the changes, you may wonder if any of the deadlines stayed the same. Some did. The deadlines for submitting bill requests and the deadlines related to the introduction, consideration, and passage of the long bill did not change. The deadline to request and introduce resolutions and memorials also remained the same. The bill to fund public schools also still must be passed by the 101st legislative day.

          With fewer individual deadline extensions needed in 2024, it appears SJR 24-001 resulted in a bit of a smoother session. We will see in the coming sessions whether the deadline changes result in a more serene 120 days of legislative activity.

          Click here for the deadline schedule for the 2025 Colorado General Assembly.

        2. Automatic Rule Changes During the Last Days of Session

          Editor’s note: This article was originally written by Julie Pelegrin and posted on April 18, 2019. This version has been updated where appropriate.

          On May 9, legislators, legislative staff, lobbyists, and capitol reporters can all hit the snooze button and roll over for another hour of sleep. But between now and then, there are several amendments to read, bills to consider, and differences to resolve. To help ensure that both houses can complete their work by midnight on May 8, the legislative rules automatically speed up or suspend certain procedural requirements in the last few days of the session.

          Last 10 days of Session:

          • House Rule 25 (j)(3); Senate Rule 22 (f): Each House committee chairperson must submit committee reports to the House front desk as soon as possible after the committee acts on a bill. No more waiting for two or three days to turn in the report. And during these last 10 days, at the request of the Senate Majority Leader or President, the chairman must submit the committee report immediately. If that doesn’t happen within 24 hours after the request, the committee staff person is required to submit the report to the Senate front desk on the chairman’s behalf.
          • House Rule 33 (b.5): Usually, the House rules only allow technical amendments on third reading; offering a substantial amendment on third reading may result in the bill being referred back to second reading. During the last 10 days of session, however, a Representative may offer a substantial amendment to a bill on third reading.
          • House Rule 35 (a): Throughout most of the session, a representative may give notice of the intention to move to reconsider a question. In this case, the representative has until noon on the next day of actual session to move to reconsider. However, during the last 10 days of session, a member need not give notice of intention to reconsider.
          • House Rule 35 (b) and (e): A motion to reconsider usually requires a 2/3 vote to pass. In the last 10 days of session, however, a motion to reconsider—whether in a House committee or in the full House—requires only a majority vote.
          • House Rule 36 (d):  The House can consider the amendments made in the Senate without waiting for the members of the House to receive a copy of the rerevised bill and for the notice of consideration to be printed in the calendar.
          • House Rule 36 (d): Legislators can vote on a conference committee report once the report is turned in to the front desk—even if the report has not been distributed to the members and has not been calendared for consideration. The usual practice, however, is to try to distribute copies of conference committee reports to legislators before the vote.

          Last 5 Days of Session:

          • Joint Rule 7: One day after a bill is assigned to a conference committee, a majority of either house may demand a conference committee report, and the committee must deliver the report before the close of the legislative day during which the demand is made. If a bill has been assigned to a conference committee at any time during the session and the committee hasn’t turned in a report, the committee must report the bill out within the last five days of session.

          Last 3 Days of Session:

          • Senate Rule 26 (a): The Senate can consider the amendments made in the House without waiting for the members of the Senate to receive a copy of the rerevised bill and for the notice of consideration to be printed in the calendar.
          • Senate Rule 26 (b): Legislators can vote on a conference committee report once the report is turned in to the front desk—even if the report has not been distributed to the members and has not been calendared for consideration. The usual practice, however, is to try to distribute copies of conference committee reports to legislators before the vote.
          • Senate Rule 18 (d): Throughout most of the session, a Senator may give notice of reconsideration, and the Secretary of the Senate will hold the bill for which the notice was given for up to two days of actual session. During the last three days of session, however, this rule is suspended, and a Senator cannot hold up a bill by giving notice to reconsider.

          Before the 118th legislative day, the President of the Senate may announce that the Senate is in the last three days of the legislative session. This does not mean that the Senate will adjourn sine die before the 120th legislative day, but it does trigger the rule changes that apply in the last three days of session. By contrast, it’s unlikely that the Speaker of the House will announce that the House is in the last 10 days of the legislative session before the 111th day. It’s more likely that on April 29th—the 111th legislative day—she will announce that the House is in the last 10 days of the legislative session. This announcement will remind the members of the House of the end-of-session procedural rule changes they approved earlier in the session by the adoption of House Resolution 24-1004.

          Digest of Bills

          With these expedited procedures, bills will likely be moving quickly. If you find yourself wondering which bills passed and what they do, you’ll want to check the Digest of Bills. The Office of Legislative Legal Services (OLLS) annually publishes the Digest, which contains a summary, organized by subject matter, of each bill enacted during the legislative session. The OLLS will publish a preliminary Digest before the end of session that will include all of the bills that have passed and been signed by the Governor or allowed to become law by that time. The OLLS will publish the final Digest once the 30-day period for Governor action is passed. Copies of the preliminary and final Digest will be available in Room 091 in the Capitol basement and posted on the OLLS website.

        3. Automatic Rule Changes During the Last Days of Session

           Editor’s note: This article was originally posted on April 18, 2019. This version has been updated where appropriate.

          by Julie Pelegrin

          On May 9, legislators, legislative staff, lobbyists, and capitol reporters can all hit the snooze button and roll over for another hour of sleep. But between now and then, there are several amendments to read, bills to consider, and differences to resolve. To help ensure that both houses can complete their work by midnight on May 8, the legislative rules automatically speed up or suspend certain procedural requirements in the last few days of the session.

          Last 5 Days of Session:

          • Joint Rule 7: One day after a bill is assigned to a conference committee, a majority of either house may demand a conference committee report, and the committee must deliver the report before the close of the legislative day during which the demand is made. If a bill has been assigned to a conference committee at any time during the session and the committee hasn’t turned in a report, the committee must report the bill out within these last five days of session.

          Last 3 Days of Session:

          • House Rule 25 (j)(3); Senate Rule 22 (f): Each House committee chairperson must submit committee reports to the House front desk as soon as possible after the committee acts on a bill. No more waiting for two or three days to turn in the report. This requirement—to submit the committee report as soon as possible—actually applies to Senate committee chairs in the last 10 days of session. And during these last 10 days, at the request of the Senate Majority Leader or President, the chairman must submit the committee report immediately. If that doesn’t happen within 24 hours after the request, the committee staff person is required to submit the report to the Senate front desk on the chairman’s behalf.
          • House Rule 36 (d); Senate Rule 26 (a): The House and the Senate can consider the amendments made in the second house without waiting for each legislator in the first house to receive a copy of the rerevised bill and for the notice of consideration to be printed in the calendar.
          • House Rule 36 (d); Senate Rule 26 (b): Legislators can vote on conference committee reports as soon as the reports are turned in to their respective front desks—even if the report has not been distributed to the members and has not been calendared for consideration. The usual practice, however, is to try to distribute copies of conference committee reports to legislators before the vote.
          • House Rule 35 (a): Throughout most of the session, a Representative may give notice of the intention to move to reconsider a question. In this case, the Representative has until noon on the next day of actual session to move to reconsider. However, during the last three days of session, a member may not give notice of intention to reconsider.
          • Senate Rule 18 (d): Throughout most of the session, a Senator may give notice of reconsideration, and the Secretary of the Senate will hold the bill for which the notice was given for up to two days of actual session. During the last three days of session, however, this rule is suspended, and a Senator cannot hold up a bill by giving notice to reconsider.
          • House Rule 33 (b.5): Usually, the House rules only allow technical amendments on third reading; offering a substantial amendment on third reading may result in the bill being referred back to second reading. During the last three days of session, however, a Representative may offer a substantial amendment to a bill on third reading.

          Last 2 Days of Session:

          • House Rule 35 (b) and (e): A motion to reconsider usually requires a 2/3 vote to pass. In the last two days of session, however, a motion to reconsider – in a House committee or in the full House – requires only a majority vote.

          Before the 117th legislative day, the Speaker of the House or the President of the Senate may announce that the House or the Senate, respectively, is in the last three days of the legislative session. This does not mean that either the House or the Senate will adjourn sine die before the 120th legislative day, but it does trigger the rule changes that apply in the last three and last two days of session.

          Digest of Bills

          With these expedited procedures, bills will probably be moving quickly. If you find yourself wondering which bills passed and what they do, you’ll want to check the digest of bills. The Office of Legislative Legal Services (OLLS) annually publishes the digest, which contains a summary of each bill enacted during the legislative session, organized by subject matter. The OLLS will publish a preliminary digest before the end of session that will include all of the bills that have passed and been signed by the Governor or allowed to become law by that time. The OLLS will publish the final digest once the 30-day period for Governor action is passed. Copies of the preliminary and final digest will be available in Room 091 in the Capitol basement and posted on the OLLS website.

        4. End of Session Approaches Triggering Exceptions in Legislative Rules

          by Julie Pelegrin

          For the second year in a row, we know we’re close to the end of the regular legislative session, we just don’t know how close. We know the General Assembly must adjourn sine die no later than 11:59 p.m. on June 12. But rumors have been circulating for some time now that “the plan” is to finish early. How early is anyone’s guess.

          First, a brief reminder of why we know everything must come to a screeching halt no later than June 12. Article V, section 7 of the Colorado Constitution requires the General Assembly to meet annually in regular legislative session for no more than 120 calendar days. Normally, these legislative days are counted as consecutive calendar days, starting with the first day of the session, regardless of whether the House or the Senate actually convenes on a particular day.

          Last year, the Colorado Supreme Court confirmed the constitutionality of Rule 44 of the Joint Rules of the Senate and House of Representatives, which at the time provided that, during a declared state of emergency based on a public health epidemic, the General Assembly would only count those days on which one or both of the houses actually convened toward the 120-day limit. The General Assembly amended Rule 44 last January to state that every day after the General Assembly convenes counts toward the 120-day limit, except when both houses temporarily recess for longer than three consecutive days. So, since January 13, 2021, every calendar day has counted, except the 31 days beginning January 16, 2021, and continuing through February 15, 2021. So that’s how we know today—May 28, 2021—is the 105th legislative day and June 12th is the 120th legislative day (assuming both houses don’t adjourn for more than three days before the 12th).

          The Senate Majority Leader has issued a memo stating that, as of Wednesday, May 26, the Senate is in the last three days of session. The House Majority Leader has announced that as of Thursday, May 27, the House is in the last three days of session.

          This does not necessarily mean the General Assembly will adjourn sine die in three days, but it means that the exceptions in the legislative rules that apply only during the last three and the last two days of the session are now in effect.

          Those exceptions are:

          Last 3 days of session:

          • House Rule 25 (j) (3); Senate Rule 22 (f): Each House committee chairperson must submit committee reports to the House front desk as soon as possible after the committee acts on a bill. No more waiting for two or three days to turn in the report. This requirement—to submit the committee report as soon as possible—actually applies to Senate committee chairs in the last 10 days of session. See Senate Rule 22 (f). And during these last 10 days, at the request of the Senate Majority Leader or President, the chairman must submit the committee report immediately. If that doesn’t happen within 24 hours after the request, the committee staff person is required to submit the report to the Senate front desk on the chairman’s behalf.
          • House Rule 36 (d); Senate Rule 26 (a): The House and the Senate can consider the amendments made in the second house without waiting for each legislator in the first house to receive a copy of the rerevised bill and for the notice of consideration to be printed in the calendar.
          • House Rule 36 (d); Senate Rule 26 (b): Legislators can vote on conference committee reports as soon as the reports are turned in to their respective front desks—even if the report has not been distributed to the members and has not been calendared for consideration. The usual practice, however, is to try to distribute copies of conference committee reports to legislators before the vote.
          • House Rule 35 (a): Throughout most of the session, a Representative may give notice of the intention to move to reconsider a question. In this case, the Representative has until noon on the next day of actual session to move to reconsider. However, during the last three days of session, a member may not give notice of intention to reconsider.
          • Senate Rule 18 (d): Throughout most of the session, a Senator may give notice of reconsideration, and the Secretary of the Senate must hold the bill for which the notice was given for up to two days of actual session. During the last three days of session, however, this rule is suspended, and a Senator cannot hold up a bill by giving notice to reconsider.
          • House Rule 33 (b.5): Usually, the House rules only allow technical amendments on third reading; offering a substantial amendment on third reading may result in the bill being referred back to second reading. During the last three days of session, however, a Representative may offer a substantial amendment to a bill on third reading.

          Last 2 Days of Session:

          • House Rule 35 (b) and (e): A motion to reconsider in the House usually requires a 2/3 vote to pass. In the last two days of session, however, a motion to reconsider – in a House committee or in the full House – requires only a majority vote.

          And there are a couple of additional rule changes that have apparently been in effect for some time:

          Last 5 Days of Session:

          • Joint Rule 7: One day after a bill is assigned to a conference committee, a majority of either house may demand a conference committee report, and the committee must deliver the report before the close of the legislative day during which the demand is made. If a bill has been assigned to a conference committee at any time during the session and the committee hasn’t turned in a report, the committee must report the bill out within these last five days of session.

          Last two weeks:

          • Senate Rule 22 (a)(2): During the final two weeks of a legislative session, allows a Senate committee chairman to schedule a committee hearing on a day other than the usual day the committee meets.

          While we don’t know exactly the date on which the General Assembly will finally adjourn this year’s legislative session, we may, with some confidence, plan to sleep in on June 13th.

        5. Tribute, Resolution, or Memorial – Making the Right Choice

          By Patti Dahlberg

          Editor’s note: This article was originally posted on February 1, 2018, and has been edited as appropriate.

          When legislators wish to show support for individuals or groups, make public statements about issues or concerns, or ask Congress to take action on a matter, they may request a tribute, resolution, or memorial to get the job done. Legislators decide what they wish to do, and the legislative rules direct them how to get it done.

          This handy guide sums up these rules for making the right choice. For example, if a legislator wants to congratulate someone, a tribute is the way to go. It is an appropriate and efficient way to send congratulations to people or organizations or to recognize service to the state. In fact, whenever a legislator wishes to “officially” congratulate, recognize, express appreciation, commemorate, or even create a day of recognition, the rules pretty much scream “tribute”.

          Tributes

          Tributes are non-legislative actions and DO NOT require introduction, calendaring, or floor action.

          Tributes are a very efficient and effective way for legislators to show support for individuals or groups. Legislators are not limited in the number of tributes they may request, but they do need permission from the Speaker of the House or the President of the Senate (depending on the house of origin) before the tribute can be issued. The tribute’s content is unique to each request and is designed to fit the needs of each requestor. It may be short and created fairly quickly, or it may be longer and more detailed (based on information provided by the legislator). Tributes are easier to present to an individual or a group as they can be scheduled around the recipient and legislator’s calendars rather than the legislative calendar.  In addition, they can go on the road—the legislator can conveniently award them anywhere and any time.

          Tributes are personalized and look special. They are printed in a special font, on special paper, and placed in a special folder or, if preferred (and at a slight cost), in a frame for display. Tributes are signed by the Speaker or the President, as appropriate, or, in the case of joint tributes, both.

          House Tributes:

          • The House will not issue a tribute unless the Speaker of the House has given permission;
          • The Chief Clerk of the House maintains copies of each tribute issued for two years.

          Under House Rule 26A, a request should be a tribute if it pertains to any of the following:

          • Offering congratulations for significant public achievement;
          • Recognizing meritorious individual achievement;
          • Expressing appreciation for service to the state or the General Assembly;
          • Recognizing an individual’s service in the military (except in the case of recognizing an individual who died while serving, which may be done by House Resolution or Joint Resolution, see House Rule 26 (a)(2)(C));
          • Extending greetings to prominent visitors to the state;
          • Recognizing or commemorating any individual, organization, or group for a significant event or accomplishment;
          • Congratulating the members of an academic or athletic organization for achieving a specific historical, scientific, educational, or athletic goal, such as winning a league, state, or national title, competition, or championship; or
          • Designating a specified day for observing any of the achievements, events, service, or accomplishments set forth above.

          Senate Tributes:

          • Tributes are signed by the President of the Senate;
          • Tributes are printed in the journal every Friday;

          Under Senate Rule 30A, a request should be a tribute if it pertains to any of the following:

          • Offering congratulations for significant public achievements;
          • Recognizing meritorious individual achievement;
          • Expressing appreciation for service to the state or the General Assembly;
          • Recognizing an individual’s service in the military; or
          • Extending greetings to prominent visitors to the state.

          The House and the Senate Rules state that a request should be a Memorial Tribute or a Joint Memorial Tribute if it expresses sentiment on the death of a person who has not served as a member of the General Assembly (except for the House exceptions listed above regarding military, law enforcement, and firefighting personnel who died while serving) or, in the Senate, meets the exceptions allowed under the rules for Senate Memorials and Joint Memorials in Senate Rule 30 (d).

          All requests for tributes must be submitted to the Chief Clerk of the House or the Secretary of the Senate, as appropriate, or to their designated staff.

          Resolutions

          Resolutions are non-statutory actions but DO require introduction, calendaring, and floor action.

          House Resolutions:

          • Representatives are limited to a total of two resolutions or joint resolutions, unless they receive special permission.
          • Resolutions and joint resolutions must be introduced prior to the last thirty legislative days as required in Joint Rule 23 (g).
          • Upon introduction, they are read into the record by title only and copies are printed.
          • At the discretion of the Speaker, they can either be laid over for one day before being acted on or referred to a committee of reference.
          • No action is taken on the resolution or joint until it is printed.

          Under House Rule 26, House Resolutions or House Joint Resolutions pertain to:

          • Transacting the business of the House or the House and the Senate;
          • Establishing committees comprised of House members or members of both houses;
          • Recognizing an individual member of the armed forces of this country who has died while serving in the armed forces or an individual member of a police, sheriff, or fire department who has died while performing duties for the department;
          • Recognizing a national holiday; or
          • Expressing the will of the House or both houses on a matter not mentioned in House Rule 26A (i.e., not a tribute).

          In addition, but only in the House, pursuant to House Rule 26 (a)(3.5):

          • The Speaker, after consulting with the Majority Leader, may approve up to six resolutions for introduction recognizing or commemorating an individual, organization, or group for a significant event or accomplishment (i.e., which would normally have to be addressed through tributes); and
          • The Speaker, after consulting with the Minority Leader, may approve up to four resolutions for introduction recognizing or commemorating an individual, organization, or group for a significant event or accomplishment (i.e., which normally would have to be addressed through tributes).

          Senate Resolutions:

          • Senators are limited to a total of three resolutions or joint resolutions, unless they receive special permission.
          • Resolutions and joint resolutions must be introduced prior to the last thirty legislative days as required in Joint Rule 23 (g).
          • Upon introduction, they are printed in the journal by title only and copies are printed.
          • At the discretion of the President, they can be acted on immediately, laid over, or referred to a committee of reference.
          • Resolutions and joint resolutions that the Majority Leader identifies as noncontroversial may be placed on the consent calendar.

          Under Senate Rule 30, Senate Resolutions or Senate Joint Resolutions pertain to:

          • Transacting the business of the Senate or the House and the Senate;
          • Establishing investigating committees comprised of Senate members or members of both houses; or
          • Expressing the will of both houses on a matter not mentioned in Senate Rule 30A (i.e., not a tribute).

          All requests for resolutions and memorials must be submitted to the Office of Legislative Legal Services. In 2021, the deadline for requesting resolutions and memorials is Monday, May 10, and the deadline for introducing resolutions is Friday, May 14.

          Memorials

          Memorials are non-statutory actions but DO require introduction, calendaring, and floor action.

          House Memorials:

          • At the discretion of the Speaker, a former member of the House may be admitted to the House floor to address House members regarding the person being memorialized.
          • The House must stand in recess to hear an address by a former member.

          Under House Rule 26, the request is a House or House Joint Memorial if it expresses sentiment on the death of a person who served as a member of the General Assembly.

          Senate Memorials:

          • At the discretion of the President, a former member of the Senate may be admitted to the Senate floor to address Senate members regarding a memorial expressing sentiment on the death of a person who served as a member of the Senate.

          Under Senate Rule 30, the request is a Senate or Senate Joint Memorial if:

          • It expresses sentiment on the death of a person or persons who served as members of the General Assembly, current or former elected State officials, current or former justices of the Colorado Supreme Court, members of Congress, elected officials of other states or of the United States, or foreign dignitaries; or
          • It memorializes the U.S. Congress on any matter.

          All requests for resolutions and memorials must be submitted to the Office of Legislative Legal Services. In 2021, the deadline for requesting resolutions and memorials is Monday, May 10, and the deadline for introducing resolutions is Friday, May 14.

        6. Do-overs in the Legislative Process

          by Julie Pelegrin

          Editor’s note: This is the sixth in a series of articles on the legislative rules that LegiSource is reposting during 2020-2021. This article was originally posted April 8, 2016, and has been edited as appropriate.

          A recent LegiSource article explained the rules for reconsideration that allow a committee of reference or the House or the Senate to reconsider the vote taken on a motion. But there are other routes a legislator may take to get a committee or the House or the Senate to take a second look at a bill or amendment.

          Amendments to the Committee of the Whole Report
          The most commonly used process for changing an action is an amendment to the committee of the whole report. Of course, this process only applies to actions taken on second reading in the House or the Senate.

          The second reading of bills is a two-step process. First, the House or the Senate passes a motion to sit as the committee of the whole. Considering bills as a committee that includes all of the Representatives or Senators allows the legislators to act under different rules than would apply if they were taking action formally as the House or the Senate. For example, while acting as the committee of the whole, debate cannot be limited, motions cannot be reconsidered, a decision of the chair of the committee of the whole cannot be challenged, and votes are not recorded.

          The committee of the whole adopts or rejects committee of reference reports and floor amendments to bills, generally debates the bills, and finally adopts, rejects, or refers each bill on a voice or standing vote. Once the committee of the whole has considered all of the bills on the calendar, or as many as it has time for, the majority leader moves that the committee of the whole “rise and report.”

          At this point, the House goes back to doing business as the House and the Senate goes back to doing business as the Senate, because they cannot complete the second reading process without a formal, recorded vote on the bills. This vote occurs when the House or the Senate votes on the committee of the whole report, which includes all of the amendments the committee adopted and all of the bills the committee considered. And, like any other committee report, the report of the committee of the whole can be amended.

          A legislator may offer an amendment to the committee of the whole report to change any action that the committee took – for example, to say that an amendment or bill that the committee passed, did not pass; or an amendment or bill that the committee rejected, did pass. All votes on amendments to the committee of the whole report are recorded. Once it has considered all amendments to the report, the House or the Senate finishes second reading by adopting or rejecting the entire committee of the whole report, as amended if any amendments passed.

          Under the Senate rules, a Senator can offer an amendment to the committee of the whole report to show that an amendment that was not offered in the committee of the whole did pass. Under the House rules, the committee must have actually considered an amendment for it to be the subject of an amendment to the committee of the whole report.

          Why would the House or the Senate adopt an amendment to the committee of the whole report to change something it just did? Since the votes taken in the committee of the whole are not recorded, a legislator may want an official count of the number of legislators voting for or against an amendment or a bill. Also, in the committee of the whole an amendment or bill passes with the approval of a majority of those present and voting. An amendment to the committee of the whole report and final adoption of the report requires the approval of a majority of those elected to the body: 33 in the House and 18 in the Senate.

          Referring bills from 2nd reading back to a committee of reference
          Sometimes, while debating a bill in the committee of the whole, a member will argue that a particular amendment under debate is so technical or substantive that it requires consideration by a committee of reference whose members have special expertise in the subject area. Or the committee of the whole may adopt an amendment that changes the fiscal impact of the bill. In this case, a legislator may move to refer the bill back to a committee of reference – usually the committee that originally considered the bill or the appropriations committee.

          Usually, a bill will be referred back to a committee before it is amended by the committee of the whole, but sometimes the committee of the whole will have already adopted the committee of reference report or other amendments. It is up to the legislators to decide whether the bill is referred back to the committee of reference unamended or as amended by the committee of the whole. In either case, the committee of reference may adopt a second committee of reference report that further amends the bill or changes the amendments adopted by the first committee of reference.

          Referring bills from 3rd reading back to 2nd reading in the House or to a committee of reference in the House or the Senate
          Under House rules, if a member tries to offer a substantive amendment to a bill on third reading, the proper motion is to refer the bill back to second reading for consideration of the substantive amendment. When the committee of the whole considers the bill this time, it will be considering the bill as introduced in the House with any amendments adopted on second reading enrolled into the bill – the engrossed version if it’s a House bill or the revised version if it’s a Senate bill. If the committee of the whole amends the bill on the second consideration, there will be a second engrossed or revised version of the bill.

          At the third reading stage, the House or Senate may also vote to refer the bill back to a committee of reference. In this case, the committee of reference will consider the engrossed or revised version and any amendments that the committee of reference adopts will be to the engrossed or revised version. The committee of reference may then move the bill to the committee of the whole for consideration on second reading – again. But the committee of reference cannot move the bill directly to third reading because House Rule 25 (j)(3) and Senate Rule 22 (f) only allow a committee of reference to refer a bill to another committee of reference or to the committee of the whole or to postpone the bill indefinitely.

        7. The Four Ws and One H of Reconsideration of a Previous Vote

          by Sharon Eubanks

          Editor’s note: This is the fifth in a series of articles on the legislative rules that LegiSource is reposting during 2020-2021. This article was originally posted April 11, 2016, and has been edited as appropriate.

          The definition of “reconsider” pretty much sums up what reconsideration is all about – “to consider again, especially with a view to change a decision or action.” In the legislative arena, “reconsideration” is the mechanism in the rules that enables a committee of reference or the House or the Senate to consider changing an action it has already taken.

          A legislative body has a right to reconsider a vote on an action previously taken by the body, subject to certain limits. When a body reconsiders its vote, that original vote is canceled completely, as though it had never been taken, and the body immediately votes again upon the question reconsidered.

          Closely related to reconsideration is giving notice of intent to reconsider, which provides notice of a member’s intent to reconsider, at some point in the future, a prior vote on an action. The effect of giving notice of intent to reconsider is to suspend all action on the subject of the motion until either the reconsideration is acted on or the time to act on the reconsideration has expired. However, giving notice of intent to reconsider does not necessarily mean that reconsideration will actually occur.

          Senate Rule 18 and House Rule 35 govern reconsideration and notice of intent to reconsider in Colorado legislative proceedings on the floor and in committees of reference.

          What can be reconsidered? Any action that the House or Senate takes when conducting business as a body and any action that a House or Senate committee of reference takes may be reconsidered by the acting body. But reconsideration is not allowed for an action that the House takes while sitting as the Committee of the Whole (COW).

          The Senate does not have a similar rule expressly prohibiting reconsideration of an action of the COW, but there are some practical problems in applying the reconsideration rules when the Senate is sitting as the COW. For example, how would the chair determine if the person moving for reconsideration voted on the “prevailing side” (see explanation of who can request reconsideration, below) when votes in the COW are taken viva voce? However, at least once recently, a Senator made a motion to reconsider an action of the COW and the motion was considered without objection. Nonetheless, generally it has been the Senate’s practice to not permit reconsideration during the COW.

          Who can request reconsideration?  In both the House and the Senate, only a member who voted on the prevailing side of an action, whether taken on the floor or in committee, may make a motion to reconsider that action. Sometimes a member will switch his or her vote at the last moment to the prevailing side to preserve the option of subsequently moving to reconsider the action.

          Only a House member who has voted on the prevailing side of an action of the House may give notice of intent to reconsider that action. And, while only a Senator who voted on the prevailing side may give notice of intent to reconsider a committee action, any Senator, regardless of how he or she voted, may give notice of intent to reconsider an action of the Senate.

          How does reconsideration occur? Reconsideration occurs after a member makes a motion to reconsider a House or Senate floor or committee action and the motion is approved. In the Senate, a majority of the members elected to the Senate or a majority of the members of a committee of reference, whichever body took the action at issue, must approve the motion to reconsider. In the House, two-thirds of the members elected to the House or two-thirds of the members of a House committee, as applicable, must approve a motion to reconsider unless a member makes the motion during the last two days of session. In that situation, only a majority of members must approve a motion to reconsider.

          To prevent the abuse of motions to reconsider, if a motion to reconsider is lost or, upon reconsideration, the original action is affirmed, the same Senate action cannot be reconsidered a second time unless the motion is approved by unanimous consent of the Senate or a Senate committee, as appropriate. If a motion to reconsider is defeated or the original action is affirmed by the House or a House committee, no further motion to reconsider the same action is allowed.

          Senate members of committees of reference may give notice of intent to reconsider. In this case, the measure affected by the notice must be held until the next regularly scheduled committee meeting. But giving notice to reconsider is out of order if holding the measure will cause it to miss a deadline for passage out of committee and the deadline isn’t extended. In contrast, members of House committees of reference cannot give notice of intent to reconsider a committee action.

          When can reconsideration occur? A member must make a motion to reconsider an action of a House or Senate committee either at the meeting at which the action is taken or at the next meeting of the committee.

          A Senator must make a motion to reconsider, or give notice of intent to reconsider, an action of the Senate on the same day that the action is taken or on either of the next two days of actual session. A Representative must make a motion to reconsider, or give notice of intent to reconsider, an action of the House before adjournment of the legislative day on which the action is taken.  If notice is timely given, the House member then has until noon on the next day of actual session to make a motion to reconsider the action.

          But, it’s important to remember that a body can reconsider an action only if the measure on which the action was taken is still before the body and the action is still capable of being changed. So, a committee member can’t make a motion to reconsider a committee action on a measure if the committee report has already been signed by the chair and delivered to the House or Senate front desk. And a member can’t move to reconsider a third reading vote if the measure has already been introduced in the second house or delivered to and acted upon by the Governor.

          A Senator’s motion to reconsider the action taken on a measure already transmitted to the House, but not yet introduced, must be accompanied by a motion asking the House to return the measure to the Senate. If a House member makes a motion to reconsider, the chief clerk of the House is directed to request the return of the relevant measure if it has already been transmitted to the Senate or the Governor. But if the measure’s been introduced in the Senate or acted upon by the Governor, the measure can’t be returned to the House.

          Why would someone request reconsideration? In many situations, a motion to reconsider is used when a member, for whatever reason, doesn’t vote the way he or she intended to vote or a member is absent during the recorded vote on a measure. With reconsideration, the original vote is wiped away and replaced with the second vote. When controversial issues and close votes are involved, a motion to immediately reconsider a vote can be used to lock in that vote since unanimous consent is required for a subsequent motion to reconsider after the first motion to reconsider is lost or, upon reconsideration, the original action is affirmed. On the flip side, giving notice of intent to reconsider a vote can be used as a delay tactic to slow a measure’s progress through the legislative process or to allow time to try to convince enough members to change their votes and thereby change the action taken. Once notice is given, all action on a measure is suspended and the Secretary of the Senate or the Chief Clerk of the House, as applicable, holds the measure until the time for reconsideration has expired. In the Senate, giving notice of intent to reconsider can be used to delay a floor action up to three days and a committee action until the conclusion of the next regularly scheduled committee meeting. Giving notice of intent to reconsider can delay an action taken by the House until noon on the next day of actual session after the action is taken.

          For more information on reconsideration, check out the September 29, 2011, Legisource article, which discusses actual legislative situations that involved reconsideration.