First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0731.01 Jessica Herrera x4218
HOUSE BILL 23-1248
House Committees Senate Committees
Legislative Council
A BILL FOR AN ACT
C
ONCERNING THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE101
COUNCIL'S INVESTIGATORY AUTHORITY , AND, IN CONNECTION102
THEREWITH, AUTHORIZING THE EXECUTIVE COMMITTEE OF THE103
LEGISLATIVE COUNCIL TO CREA TE AN AD HOC INVESTIGATORY104
COMMITTEE AND ISSUE SUBPOENAS .105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law authorizes the general assembly to prescribe the
conditions and manner under which a witness may be summoned to
HOUSE SPONSORSHIP
Garcia and Mabrey,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. attend, to produce documents, or both, before a committee, or to either the
house of representatives or senate. Joint rule 33 of the Colorado
legislative joint rules of the senate and house outlines the current
mechanism by which the general assembly exercises its investigatory
authority and issues subpoenas.
The bill authorizes the executive committee of the legislative
council (executive committee) to create ad hoc investigatory committees
and grants the executive committee the power to subpoena a witness, to
take testimony under oath, and to assemble records, documents, and other
evidence by subpoena duces tecum. The bill also requires the executive
committee, if it decides not to issue a subpoena under its own discretion,
to issue a subpoena if 30% or more of the voting members of an ad hoc
investigatory committee, created by the executive committee, vote to
require the executive committee to do so.
The bill requires a subpoena issued by the executive committee to
include:
! The name of the issuing body;
! The authority under which the subpoena is issued;
! The subject of the inquiry and a command to the person to
whom it is issued to attend and give testimony at a time and
place specified in the subpoena; or
! A command to the person to whom the subpoena is
directed to produce books, records, documents, or other
tangible evidence as the executive committee may require.
The bill requires service of process to be made by a sheriff, the
sheriff's deputy, or any other person who is at least 18 years of age and
not interested in the proceeding. Service must be made by delivering a
copy of the subpoena to the person named in the subpoena not later than
48 hours before the time specified for appearance in the subpoena unless,
for good cause shown, a majority of the executive committee authorizes
service within the 48-hour period.
The bill allows any person subpoenaed by the executive committee
to seek relief by providing the executive committee with a written
statement indicating how such disclosure would be illegal or unduly
oppressive or burdensome. The executive committee may consider any
relief request but is not obligated to do so if it determines that the
potential impact of the subpoena outweighs the burden imposed on the
person subject to the subpoena. Any person who is issued a subpoena and
is denied a request for relief by the executive committee may request that
a district court in the county where the subpoena was served, the county
of the residence of the witness or custodian served, or the city and county
of Denver quash or limit the scope of the subpoena. The bill also permits
any person who is subpoenaed by the executive committee to be
represented by legal counsel.
HB23-1248
-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) It is an appropriate use of plenary powers of the general4
assembly to empower a body such as an ad hoc investigatory committee5
created by the executive committee of the legislative council to6
investigate tragic events, situations, or issues that have gaps in oversight7
or no form of oversight currently in place. The following are a few8
examples of recent events that the general assembly may investigate and9
make recommendations for legislative or other action that could prevent10
the occurrence of a similar tragedy:11
(I) The Marshall fire that occurred on December 30, 2021 has12
prompted an investigation that has found no explanation on the cause of13
the fire and there appears to be no entity that has direct oversight of14
potential actors;15
(II) Suncor Energy Inc., has had repeated incidents at their plant16
that have caused great harm to their workforce. These incidents have not17
been investigated and the shutdown of Suncor Energy Inc., has had18
tremendous impact on the airline sector and western slope communities;19
and20
(III) The response to floods in largely low-income, Latino21
residential communities has not been addressed with urgency.22
(b) Therefore, the general assembly further finds and declares that,23
due to a lack of major investigations into recent tragic events and24
inadequate efforts to rectify or prevent similar tragic incidents from25
occurring in the future, that it is in best interests of the people of the state26
HB23-1248-3- of Colorado for the general assembly to use its plenary powers to1
empower an ad hoc investigatory committee created by the executive2
committee of the legislative council to investigate tragic events,3
situations, or issues that have gaps in oversight or no form of oversight4
currently in place.5
SECTION 2. In Colorado Revised Statutes, amend 2-2-313 as6
follows:7
2-2-313. Witnesses - attendance before assembly. (1) E
XCEPT8
AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS SECTION, the general9
assembly, or either house thereof, by resolution or otherwise, as it deems10
best, may prescribe the conditions under which and the manner in which11
a witness may be summoned to attend, with or without documents in his
12
THE WITNESS'S possession or under his THE WITNESS'S control, before any13
committee of said general assembly or of either house thereof.14
(2) (a) T
HE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL15
DESCRIBED IN SECTION 2-3-301 (1), REFERRED TO IN THIS SUBSECTION (2)16
AS THE "EXECUTIVE COMMITTEE", HAS THE AUTHORITY, BOTH WHEN THE17
GENERAL ASSEMBLY IS IN SESSION AND WHEN THE GENERAL ASSEMBLY IS18
NOT IN SESSION AND BY A MAJORITY VOTE OF ITS MEMBERS, TO CREATE AD19
HOC INVESTIGATORY COMMITTEES .20
(b) T
HE PURPOSE OF ANY AD HOC INVESTIGATORY COMMITTEE21
CREATED PURSUANT TO THIS SUBSECTION (2) IS TO MAKE FACTUAL22
FINDINGS ON ISSUES OF URGENT, PRESSING, OR UNMET NEED ASSIGNED BY23
THE EXECUTIVE COMMITTEE TO THE AD HOC INVESTIGATORY COMMITTEE24
THAT HAVE AN IMPACT ON THE COMMUNITY , ECONOMY, OR SOCIETY.25
(c) T
HE CHAIR OF THE EXECUTIVE COMMITTEE SHALL APPOINT A26
MINIMUM OF THREE MEMBERS OF THE GENERAL ASSEMBLY TO SERVE ON27
HB23-1248
-4- ANY AD HOC INVESTIGATORY COMMI TTEE CREATED PURSUANT TO THIS1
SUBSECTION (2) AND MAY APPOINT ADDITIONAL NONVOTING MEMBERS2
WHO ARE NOT MEMBERS OF THE GENERAL ASSEMBLY BASED ON THEIR3
EXPERTISE.4
(d) T
HE EXECUTIVE COMMITTEE HAS THE POWER , ON BEHALF OF5
ANY AD HOC INVESTIGATORY COMMI TTEE CREATED PURSUANT TO THIS6
SUBSECTION (2), TO SUBPOENA WITNESSES, TO TAKE TESTIMONY UNDER7
OATH, AND TO ASSEMBLE RECORDS, DOCUMENTS, AND OTHER EVIDENCE8
BY SUBPOENA DUCES TECUM . IF THE EXECUTIVE COMMITTEE UNDER ITS9
OWN DISCRETION DECIDES NOT TO ISSUE A SUBPOENA , THE EXECUTIVE10
COMMITTEE SHALL BE REQUIRED TO ISSUE A SUBPOENA , FOR WITNESS11
TESTIMONY OR TO ASSEMBLE RECORDS , DOCUMENTS, AND OTHER12
EVIDENCE BY SUBPOENA DUCES TECUM , IF THIRTY PERCENT OR MORE OF13
THE VOTING MEMBERS OF THE AD HOC INVESTIGATORY COMMITTEE VOTE14
TO REQUEST THAT THE EXECUTIVE COMMITTEE ISSUE A SUBPOENA .15
(e) A
NY AD HOC INVESTIGATORY COMMITTEE CREATED PURSUANT16
TO THIS SUBSECTION (2) HAS THE AUTHORITY TO REFER ITS FINDINGS TO17
THE OFFICE OF THE ATTORNEY GENERAL OR ANY OTHER OVERSIGHT BODY18
AND SHALL ISSUE A PUBLIC FINAL REPORT UPON REACHING ITS FACTUAL19
FINDINGS.20
(f) W
HENEVER THE EXECUTIVE COMMITTEE ISSUES A SUBPOENA21
PURSUANT TO THIS SUBSECTION (2), THE SUBPOENA MUST:22
(I) I
NCLUDE:23
(A) T
HE NAME OF THE ISSUING BODY; AND24
(B) T
HE AUTHORITY UNDER WHICH THE SUBPOENA IS ISSUED ; AND25
(II) (A) I
NCLUDE THE SUBJECT OF THE INQUIRY AND COMMAND26
THE PERSON TO WHOM IT IS ISSUED TO ATTEND AND GIVE TESTIMONY AT27
HB23-1248
-5- A TIME AND PLACE SPECIFIED IN THE SUBPOENA; OR1
(B) C
OMMAND THE PERSON TO WHOM IT IS DIRECTED TO PRODUCE2
BOOKS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE EVIDENCE AS THE3
EXECUTIVE COMMITTEE MAY REQUIRE .4
(g) S
ERVICE OF A SUBPOENA THAT THE EXECUTIVE COMMITTEE5
ISSUES PURSUANT TO THIS SUBSECTION (2) MAY BE MADE BY A SHERIFF,6
THE SHERIFF'S DEPUTY, OR ANY OTHER PERSON WHO IS AT LEAST EIGHTEEN7
YEARS OF AGE AND NOT INTERESTED IN THE PROCEEDING . SERVICE MUST8
BE MADE BY DELIVERING A COPY OF THE SUBPOENA TO THE PERSON9
NAMED NOT LATER THAN FORTY-EIGHT HOURS BEFORE THE TIME SPECIFIED10
FOR APPEARANCE IN THE SUBPOENA UNLESS , FOR GOOD CAUSE KNOWN, A11
MAJORITY OF THE EXECUTIVE COMMITTEE AUTHORIZES SERVICE WITHIN12
THE FORTY-EIGHT-HOUR PERIOD. THE AMOUNT OF FEES FOR ATTENDANCE13
AND MILEAGE MUST BE THE SAME AS THAT ALLOWED BY LAW FOR14
WITNESSES IN CIVIL CASES AND MUST BE PAID AFTER THE WITNESS IS15
DISCHARGED FROM FURTHER ATTENDANCE .16
(h) I
F ANY PERSON WHO IS ISSUED A SUBPOENA PURSUANT TO THIS17
SUBSECTION (2) BELIEVES THAT THE MATERIAL OR TESTIMONY18
SUBPOENAED IS A TRADE SECRET AS DEFINED IN SECTION 18-4-408 (2),19
IRRELEVANT, PRIVILEGED, OR THAT DISCLOSURE OF THE MATERIAL OR20
TESTIMONY IS ILLEGAL OR UNDULY OPPRESSIVE OR BURDENSOME , RELIEF21
FROM THE SUBPOENA MUST BE REQUESTED IN WRITING FROM THE22
EXECUTIVE COMMITTEE AND ACCOMPANIED BY A STATEMENT OF THE23
REASON FOR SUCH RELIEF . THE EXECUTIVE COMMITTEE HAS THE24
DISCRETION TO CONSIDER ANY REQUEST FOR RELIEF BUT IS NOT25
OBLIGATED TO PROVIDE RELIEF IF IT DETERMINES THAT ANY BURDEN ON26
ANY PERSON SUBJECT TO THE SUBPOENA IS OUTWEIGHED BY THE27
HB23-1248
-6- POTENTIAL IMPACT THE SUBPOENA MAY HAVE . ANY PERSON WHO IS1
ISSUED A SUBPOENA AND IS DENIED A REQUEST FOR RELIEF BY THE2
EXECUTIVE COMMITTEE MAY REQUEST THAT A DISTRICT COURT IN THE3
COUNTY WHERE THE SUBPOENA WAS SERVED , THE COUNTY OF THE4
RESIDENCE OF THE WITNESS OR CUSTODIAN SERVED , OR THE CITY AND5
COUNTY OF DENVER QUASH OR LIMIT THE SCOPE OF THE SUBPOENA .6
(i) A
NY WITNESS SUBPOENAED TO GIVE TESTIMONY OR PRODUCE7
EVIDENCE MAY HAVE LEGAL COUNSEL PRESENT .8
(j) T
HE LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF9
LEGISLATIVE LEGAL SERVICES SHALL BE AVAILABLE TO ASSIST ANY AD10
HOC INVESTIGATORY COMMITTEES CREATED PURSUANT TO THIS11
SUBSECTION (2) IN CARRYING OUT ITS DUTIES.12
(k) T
HE LEGISLATIVE MEMBERS OF AN AD HOC INVESTIGATORY13
COMMITTEE CREATED PURSUANT TO THIS SUBSECTION (2) ARE ENTITLED14
TO RECEIVE COMPENSATION AND REIMBURSEMENT OF EXPENSES15
PURSUANT TO SECTION 2-2-326.16
(l) A
NY MEMBER OF AN AD HOC INVESTIGATORY COMMITTEE17
CREATED PURSUANT TO THIS SUBSECTION (2) WHO IS NOT A MEMBER OF18
THE GENERAL ASSEMBLY MAY , AT THE DISCRETION OF THE EXECUTIVE19
COMMITTEE, BE REIMBURSED FOR REASONABLE AND NECESSARY EXPENSES20
INCURRED WHILE SERVING ON THE AD HOC INVESTIGATORY COMMITTEE .21
SECTION 3. Safety clause. The general assembly hereby finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety.24
HB23-1248
-7-