Colorado 2023 Regular Session

Colorado House Bill HB1248 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0731.01 Jessica Herrera x4218
8	8	HOUSE BILL 23-1248
9	9	House Committees Senate Committees
10	10	Legislative Council
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE101
14	14	COUNCIL'S INVESTIGATORY AUTHORITY , AND, IN CONNECTION102
15	15	THEREWITH, AUTHORIZING THE EXECUTIVE COMMITTEE OF THE103
16	16	LEGISLATIVE COUNCIL TO CREA TE AN AD HOC INVESTIGATORY104
17	17	COMMITTEE AND ISSUE SUBPOENAS .105
18	18	Bill Summary
19	19	(Note: This summary applies to this bill as introduced and does
20	20	not reflect any amendments that may be subsequently adopted. If this bill
21	21	passes third reading in the house of introduction, a bill summary that
22	22	applies to the reengrossed version of this bill will be available at
23	23	http://leg.colorado.gov
24	24	.)
25	25	Current law authorizes the general assembly to prescribe the
26	26	conditions and manner under which a witness may be summoned to
27	27	HOUSE SPONSORSHIP
28	28	Garcia and Mabrey,
29	29	SENATE SPONSORSHIP
30	30	(None),
31	31	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
32	32	Capital letters or bold & italic numbers indicate new material to be added to existing law.
33	33	Dashes through the words or numbers indicate deletions from existing law. attend, to produce documents, or both, before a committee, or to either the
34	34	house of representatives or senate. Joint rule 33 of the Colorado
35	35	legislative joint rules of the senate and house outlines the current
36	36	mechanism by which the general assembly exercises its investigatory
37	37	authority and issues subpoenas.
38	38	The bill authorizes the executive committee of the legislative
39	39	council (executive committee) to create ad hoc investigatory committees
40	40	and grants the executive committee the power to subpoena a witness, to
41	41	take testimony under oath, and to assemble records, documents, and other
42	42	evidence by subpoena duces tecum. The bill also requires the executive
43	43	committee, if it decides not to issue a subpoena under its own discretion,
44	44	to issue a subpoena if 30% or more of the voting members of an ad hoc
45	45	investigatory committee, created by the executive committee, vote to
46	46	require the executive committee to do so.
47	47	The bill requires a subpoena issued by the executive committee to
48	48	include:
49	49	! The name of the issuing body;
50	50	! The authority under which the subpoena is issued;
51	51	! The subject of the inquiry and a command to the person to
52	52	whom it is issued to attend and give testimony at a time and
53	53	place specified in the subpoena; or
54	54	! A command to the person to whom the subpoena is
55	55	directed to produce books, records, documents, or other
56	56	tangible evidence as the executive committee may require.
57	57	The bill requires service of process to be made by a sheriff, the
58	58	sheriff's deputy, or any other person who is at least 18 years of age and
59	59	not interested in the proceeding. Service must be made by delivering a
60	60	copy of the subpoena to the person named in the subpoena not later than
61	61	48 hours before the time specified for appearance in the subpoena unless,
62	62	for good cause shown, a majority of the executive committee authorizes
63	63	service within the 48-hour period.
64	64	The bill allows any person subpoenaed by the executive committee
65	65	to seek relief by providing the executive committee with a written
66	66	statement indicating how such disclosure would be illegal or unduly
67	67	oppressive or burdensome. The executive committee may consider any
68	68	relief request but is not obligated to do so if it determines that the
69	69	potential impact of the subpoena outweighs the burden imposed on the
70	70	person subject to the subpoena. Any person who is issued a subpoena and
71	71	is denied a request for relief by the executive committee may request that
72	72	a district court in the county where the subpoena was served, the county
73	73	of the residence of the witness or custodian served, or the city and county
74	74	of Denver quash or limit the scope of the subpoena. The bill also permits
75	75	any person who is subpoenaed by the executive committee to be
76	76	represented by legal counsel.
77	77	HB23-1248
78	78	-2- Be it enacted by the General Assembly of the State of Colorado:1
79	79	SECTION 1. Legislative declaration. (1) The general assembly2
80	80	finds and declares that:3
81	81	(a) It is an appropriate use of plenary powers of the general4
82	82	assembly to empower a body such as an ad hoc investigatory committee5
83	83	created by the executive committee of the legislative council to6
84	84	investigate tragic events, situations, or issues that have gaps in oversight7
85	85	or no form of oversight currently in place. The following are a few8
86	86	examples of recent events that the general assembly may investigate and9
87	87	make recommendations for legislative or other action that could prevent10
88	88	the occurrence of a similar tragedy:11
89	89	(I) The Marshall fire that occurred on December 30, 2021 has12
90	90	prompted an investigation that has found no explanation on the cause of13
91	91	the fire and there appears to be no entity that has direct oversight of14
92	92	potential actors;15
93	93	(II) Suncor Energy Inc., has had repeated incidents at their plant16
94	94	that have caused great harm to their workforce. These incidents have not17
95	95	been investigated and the shutdown of Suncor Energy Inc., has had18
96	96	tremendous impact on the airline sector and western slope communities;19
97	97	and20
98	98	(III) The response to floods in largely low-income, Latino21
99	99	residential communities has not been addressed with urgency.22
100	100	(b) Therefore, the general assembly further finds and declares that,23
101	101	due to a lack of major investigations into recent tragic events and24
102	102	inadequate efforts to rectify or prevent similar tragic incidents from25
103	103	occurring in the future, that it is in best interests of the people of the state26
104	104	HB23-1248-3- of Colorado for the general assembly to use its plenary powers to1
105	105	empower an ad hoc investigatory committee created by the executive2
106	106	committee of the legislative council to investigate tragic events,3
107	107	situations, or issues that have gaps in oversight or no form of oversight4
108	108	currently in place.5
109	109	SECTION 2. In Colorado Revised Statutes, amend 2-2-313 as6
110	110	follows:7
111	111	2-2-313. Witnesses - attendance before assembly. (1) E
112	112	XCEPT8
113	113	AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS SECTION, the general9
114	114	assembly, or either house thereof, by resolution or otherwise, as it deems10
115	115	best, may prescribe the conditions under which and the manner in which11
116	116	a witness may be summoned to attend, with or without documents in his
117	117	12
118	118	THE WITNESS'S possession or under his THE WITNESS'S control, before any13
119	119	committee of said general assembly or of either house thereof.14
120	120	(2) (a) T
121	121	HE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL15
122	122	DESCRIBED IN SECTION 2-3-301 (1), REFERRED TO IN THIS SUBSECTION (2)16
123	123	AS THE "EXECUTIVE COMMITTEE", HAS THE AUTHORITY, BOTH WHEN THE17
124	124	GENERAL ASSEMBLY IS IN SESSION AND WHEN THE GENERAL ASSEMBLY IS18
125	125	NOT IN SESSION AND BY A MAJORITY VOTE OF ITS MEMBERS, TO CREATE AD19
126	126	HOC INVESTIGATORY COMMITTEES .20
127	127	(b) T
128	128	HE PURPOSE OF ANY AD HOC INVESTIGATORY COMMITTEE21
129	129	CREATED PURSUANT TO THIS SUBSECTION (2) IS TO MAKE FACTUAL22
130	130	FINDINGS ON ISSUES OF URGENT, PRESSING, OR UNMET NEED ASSIGNED BY23
131	131	THE EXECUTIVE COMMITTEE TO THE AD HOC INVESTIGATORY COMMITTEE24
132	132	THAT HAVE AN IMPACT ON THE COMMUNITY , ECONOMY, OR SOCIETY.25
133	133	(c) T
134	134	HE CHAIR OF THE EXECUTIVE COMMITTEE SHALL APPOINT A26
135	135	MINIMUM OF THREE MEMBERS OF THE GENERAL ASSEMBLY TO SERVE ON27
136	136	HB23-1248
137	137	-4- ANY AD HOC INVESTIGATORY COMMI TTEE CREATED PURSUANT TO THIS1
138	138	SUBSECTION (2) AND MAY APPOINT ADDITIONAL NONVOTING MEMBERS2
139	139	WHO ARE NOT MEMBERS OF THE GENERAL ASSEMBLY BASED ON THEIR3
140	140	EXPERTISE.4
141	141	(d) T
142	142	HE EXECUTIVE COMMITTEE HAS THE POWER , ON BEHALF OF5
143	143	ANY AD HOC INVESTIGATORY COMMI TTEE CREATED PURSUANT TO THIS6
144	144	SUBSECTION (2), TO SUBPOENA WITNESSES, TO TAKE TESTIMONY UNDER7
145	145	OATH, AND TO ASSEMBLE RECORDS, DOCUMENTS, AND OTHER EVIDENCE8
146	146	BY SUBPOENA DUCES TECUM . IF THE EXECUTIVE COMMITTEE UNDER ITS9
147	147	OWN DISCRETION DECIDES NOT TO ISSUE A SUBPOENA , THE EXECUTIVE10
148	148	COMMITTEE SHALL BE REQUIRED TO ISSUE A SUBPOENA , FOR WITNESS11
149	149	TESTIMONY OR TO ASSEMBLE RECORDS , DOCUMENTS, AND OTHER12
150	150	EVIDENCE BY SUBPOENA DUCES TECUM , IF THIRTY PERCENT OR MORE OF13
151	151	THE VOTING MEMBERS OF THE AD HOC INVESTIGATORY COMMITTEE VOTE14
152	152	TO REQUEST THAT THE EXECUTIVE COMMITTEE ISSUE A SUBPOENA .15
153	153	(e) A
154	154	NY AD HOC INVESTIGATORY COMMITTEE CREATED PURSUANT16
155	155	TO THIS SUBSECTION (2) HAS THE AUTHORITY TO REFER ITS FINDINGS TO17
156	156	THE OFFICE OF THE ATTORNEY GENERAL OR ANY OTHER OVERSIGHT BODY18
157	157	AND SHALL ISSUE A PUBLIC FINAL REPORT UPON REACHING ITS FACTUAL19
158	158	FINDINGS.20
159	159	(f) W
160	160	HENEVER THE EXECUTIVE COMMITTEE ISSUES A SUBPOENA21
161	161	PURSUANT TO THIS SUBSECTION (2), THE SUBPOENA MUST:22
162	162	(I) I
163	163	NCLUDE:23
164	164	(A) T
165	165	HE NAME OF THE ISSUING BODY; AND24
166	166	(B) T
167	167	HE AUTHORITY UNDER WHICH THE SUBPOENA IS ISSUED ; AND25
168	168	(II) (A) I
169	169	NCLUDE THE SUBJECT OF THE INQUIRY AND COMMAND26
170	170	THE PERSON TO WHOM IT IS ISSUED TO ATTEND AND GIVE TESTIMONY AT27
171	171	HB23-1248
172	172	-5- A TIME AND PLACE SPECIFIED IN THE SUBPOENA; OR1
173	173	(B) C
174	174	OMMAND THE PERSON TO WHOM IT IS DIRECTED TO PRODUCE2
175	175	BOOKS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE EVIDENCE AS THE3
176	176	EXECUTIVE COMMITTEE MAY REQUIRE .4
177	177	(g) S
178	178	ERVICE OF A SUBPOENA THAT THE EXECUTIVE COMMITTEE5
179	179	ISSUES PURSUANT TO THIS SUBSECTION (2) MAY BE MADE BY A SHERIFF,6
180	180	THE SHERIFF'S DEPUTY, OR ANY OTHER PERSON WHO IS AT LEAST EIGHTEEN7
181	181	YEARS OF AGE AND NOT INTERESTED IN THE PROCEEDING . SERVICE MUST8
182	182	BE MADE BY DELIVERING A COPY OF THE SUBPOENA TO THE PERSON9
183	183	NAMED NOT LATER THAN FORTY-EIGHT HOURS BEFORE THE TIME SPECIFIED10
184	184	FOR APPEARANCE IN THE SUBPOENA UNLESS , FOR GOOD CAUSE KNOWN, A11
185	185	MAJORITY OF THE EXECUTIVE COMMITTEE AUTHORIZES SERVICE WITHIN12
186	186	THE FORTY-EIGHT-HOUR PERIOD. THE AMOUNT OF FEES FOR ATTENDANCE13
187	187	AND MILEAGE MUST BE THE SAME AS THAT ALLOWED BY LAW FOR14
188	188	WITNESSES IN CIVIL CASES AND MUST BE PAID AFTER THE WITNESS IS15
189	189	DISCHARGED FROM FURTHER ATTENDANCE .16
190	190	(h) I
191	191	F ANY PERSON WHO IS ISSUED A SUBPOENA PURSUANT TO THIS17
192	192	SUBSECTION (2) BELIEVES THAT THE MATERIAL OR TESTIMONY18
193	193	SUBPOENAED IS A TRADE SECRET AS DEFINED IN SECTION 18-4-408 (2),19
194	194	IRRELEVANT, PRIVILEGED, OR THAT DISCLOSURE OF THE MATERIAL OR20
195	195	TESTIMONY IS ILLEGAL OR UNDULY OPPRESSIVE OR BURDENSOME , RELIEF21
196	196	FROM THE SUBPOENA MUST BE REQUESTED IN WRITING FROM THE22
197	197	EXECUTIVE COMMITTEE AND ACCOMPANIED BY A STATEMENT OF THE23
198	198	REASON FOR SUCH RELIEF . THE EXECUTIVE COMMITTEE HAS THE24
199	199	DISCRETION TO CONSIDER ANY REQUEST FOR RELIEF BUT IS NOT25
200	200	OBLIGATED TO PROVIDE RELIEF IF IT DETERMINES THAT ANY BURDEN ON26
201	201	ANY PERSON SUBJECT TO THE SUBPOENA IS OUTWEIGHED BY THE27
202	202	HB23-1248
203	203	-6- POTENTIAL IMPACT THE SUBPOENA MAY HAVE . ANY PERSON WHO IS1
204	204	ISSUED A SUBPOENA AND IS DENIED A REQUEST FOR RELIEF BY THE2
205	205	EXECUTIVE COMMITTEE MAY REQUEST THAT A DISTRICT COURT IN THE3
206	206	COUNTY WHERE THE SUBPOENA WAS SERVED , THE COUNTY OF THE4
207	207	RESIDENCE OF THE WITNESS OR CUSTODIAN SERVED , OR THE CITY AND5
208	208	COUNTY OF DENVER QUASH OR LIMIT THE SCOPE OF THE SUBPOENA .6
209	209	(i) A
210	210	NY WITNESS SUBPOENAED TO GIVE TESTIMONY OR PRODUCE7
211	211	EVIDENCE MAY HAVE LEGAL COUNSEL PRESENT .8
212	212	(j) T
213	213	HE LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF9
214	214	LEGISLATIVE LEGAL SERVICES SHALL BE AVAILABLE TO ASSIST ANY AD10
215	215	HOC INVESTIGATORY COMMITTEES CREATED PURSUANT TO THIS11
216	216	SUBSECTION (2) IN CARRYING OUT ITS DUTIES.12
217	217	(k) T
218	218	HE LEGISLATIVE MEMBERS OF AN AD HOC INVESTIGATORY13
219	219	COMMITTEE CREATED PURSUANT TO THIS SUBSECTION (2) ARE ENTITLED14
220	220	TO RECEIVE COMPENSATION AND REIMBURSEMENT OF EXPENSES15
221	221	PURSUANT TO SECTION 2-2-326.16
222	222	(l) A
223	223	NY MEMBER OF AN AD HOC INVESTIGATORY COMMITTEE17
224	224	CREATED PURSUANT TO THIS SUBSECTION (2) WHO IS NOT A MEMBER OF18
225	225	THE GENERAL ASSEMBLY MAY , AT THE DISCRETION OF THE EXECUTIVE19
226	226	COMMITTEE, BE REIMBURSED FOR REASONABLE AND NECESSARY EXPENSES20
227	227	INCURRED WHILE SERVING ON THE AD HOC INVESTIGATORY COMMITTEE .21
228	228	SECTION 3. Safety clause. The general assembly hereby finds,22
229	229	determines, and declares that this act is necessary for the immediate23
230	230	preservation of the public peace, health, or safety.24
231	231	HB23-1248
232	232	-7-