Category: Publications

  • The Publications Bill: A Little Bill with a Big Job

    by Nate Carr

    Each year a small, one-page bill works its way through the legislative process. It’s typically at the front of the legislative bill line, so to speak, and frequently has the honor of gracing the Governor’s desk before many of the other bills have even been heard in the first committee. This bill doesn’t trigger front-page headlines; it rarely, if ever, even makes the news. Why then, does this seemingly insignificant little bill get pushed through the legislative process so quickly?

    Well, this little bill has a big job – enacting the compilation of the state’s laws known as the Colorado Revised Statutes (C.R.S.). Each year the Committee on Legal Services, the legislative committee responsible for overseeing the publication and printing of the Colorado Revised Statutes, sponsors this bill. It is formally titled as a bill Concerning the enactment of Colorado Revised Statutes [Year] as the positive and statutory law of the state of Colorado; however, it is commonly referred to as the “publications bill.” The publications bill enacts the official printed version of the C.R.S. as the positive and statutory law of the State of Colorado. But why is it necessary to enact the C.R.S. annually?

    2012 Colorado Revised Statutes/Photo by Ashley Zimmerman
    2012 Colorado Revised Statutes/Photo by Ashley Zimmerman

    The answer to that question requires some background information. Once the General Assembly adopts a bill, the enrolling room and the Office of Legislative Legal Services (OLLS) prepare the bill in Act form for presentation to the Governor. Bills that the Governor signs, or that he does not veto, become law and are known as Acts. In the months following the adjournment of each legislative session, the OLLS staff, under the direction of the Revisor of Statutes, incorporates the newly enacted laws into the body of law published in the preceding year’s C.R.S. In addition, staff makes revision changes to correct nonsubstantive grammatical or punctuation errors, harmonizes conflicting bills, and adds voter-approved statutory changes. The Revisor also ensures that the C.R.S. are properly constructed, annotated, and indexed. The authority and guidelines that the Revisor follows to prepare the C.R.S. are located in articles 4 and 5 of title 2 of the Colorado Revised Statutes. Once the publications process is complete, the OLLS sends the data with the new, updated body of law to the state’s official contract printer who prints and distributes the updated sets of Colorado Revised Statutes.

    At the legislative session following the printing of the C.R.S., the General Assembly and the Governor move quickly to pass the publications bill. The bill does not change substantive law and may not be used as a vehicle to repeal or otherwise amend legislation enacted by a prior General Assembly or to amend a bill being considered during the same legislative session. Passage of the publications bill usually occurs within a few weeks after the start of the legislative session. Once enacted, the updated C.R.S., as printed by the state’s official contract printer, is deemed to have been properly collated, edited, revised, and constructed. The text of the newly updated C.R.S. becomes legal, irrefutable evidence of the state’s statutory law in a court of law. Without passage of the publications bill, provisions of the published C.R.S. are merely prima facie evidence of the statutory law that may be contradicted or rebutted by other evidence.

    Back to the question, why is it necessary to enact the C.R.S. annually? Enactment of the publications bill ensures that there is one, comprehensive body of primary statutory law for the state of Colorado on which courts and the public may rely. Without passage of the publications bill, all other bills would need to amend not only the last enacted version of the C.R.S., but also the Session Laws for each subsequent year in which a bill amends the same section of law. Eventually, it would become virtually impossible to know or understand what the statutory law of the state actually is. The publications bill may be a little bill, but it achieves a giant result!

  • From the Legislative Chambers to the Governor’s Desk – The Process for Enrolling Bills

    The main goal of the Legislative Session is to pass bills. So what happens to a bill once the bill sponsors have championed it through both houses? Sure, it goes to the Governor for his signature, but why does it take so long to land on his desk? (more…)

  • What is all that stuff after a statutory section in Colorado Revised Statutes, Annotated?

    by Kathy Zambrano

    You’re flipping through the 2013 C.R.S. book looking for that amended section that was key to getting a bill passed last session, and there it is, in black and ecru, but you also find stuff following the section. What is that stuff and why is it there? (more…)

  • The Publications of the Colorado General Assembly

    by Patti Dahlberg

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

  • With the End of Session, Focus Shifts to Publishing Statutes

    by Kathy Zambrano and Richard Sweetman

    With the close of the 2012 Regular Legislative Session, and the First Extraordinary Legislative Session of 2012, the question now is, “What changes did the General Assembly make to the law of Colorado?” To answer this question, the OLLS is well on the way to publishing the bills enacted during the legislative session and republishing the Colorado Revised Statutes (C.R.S.). Each summer, the OLLS organizes the bills passed in the preceding legislative session and publishes them as the Session Laws. The Office also incorporates the enacted changes into the statutory database and republishes the C.R.S. by the fall of each year. (more…)

  • Do It Right – Researching Legislative History: What to Look For and Where to Find It

    by: Peggy Lewis and Matt Dawkins

    Imagine it’s six months from now, the leaves are just starting to turn, there’s a hint of fall in the air, and you get a call from a constituent who wants to know, “What was the intent of the legislature in passing that bill?” That’s actually a much more difficult question to answer than it might seem at first blush. (more…)

  • What is the difference between the session laws and the statutes?

    In short: The session laws reproduce each individual bill, as it passed, during a particular session. The statutes give you the Colorado Revised Statutes — the permanent, statutory law of the state — organized by subject matter title, article, part, and section.

    The session laws are the annual official compilation of legislation that is passed by both houses of the Colorado General Assembly and either signed by the Governor or allowed by the Governor to become law without his or her signature during a regular or special legislative session. Each year, the Office of Legislative Legal Services publishes the session laws for that year’s regular legislative session. If the General Assembly meets in special session, the Office will publish a separate set of session laws for each special session.

    The compilation of each legislative session’s laws includes bills that amend the Colorado Revised Statutes; appropriations bills that provide funding for various state agencies, institutions, and programs; and concurrent resolutions that propose amendments to the state constitution for voter approval. The session laws also include resolutions that express the will of one or both houses on a particular matter and memorials that honor a person who served in some public capacity and has passed away.

    If you want to find the full text of a bill — with the strike type and small caps — as the bill finally passed the legislature, or if you want to find out who sponsored a particular bill, you should look in the session laws for the legislative session in which the bill passed. The session laws are organized by chapter; each chapter is a separate bill. You will find a subject-matter index to each year’s session laws and a table of all the bills that passed during that session, organized by bill number, at the back of the final volume of session laws for the year you’re interested in.

    However, if you’re looking for the statutory law on a particular topic or you’re trying to find a particular section of statute, you should look in the Colorado Revised Statutes (sometimes referred to as the “red books”). This publication will show you the current, effective, statutory law of the state, including annotations of any Colorado or federal case that has interpreted the statutes.