Colorado 2023 Regular Session

Colorado House Bill HB1280 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0947.01 Chelsea Princell x4335
18 HOUSE BILL 23-1280
2-BY REPRESENTATIVE(S) Joseph and Soper, Bacon, Bird, Boesenecker,
3-Brown, Dickson, English, Epps, Froelich, Gonzales-Gutierrez, Hamrick,
4-Herod, Jodeh, Lieder, Lindsay, Lindstedt, Lynch, Marshall,
5-Michaelson Jenet, Ortiz, Ricks, Titone, Vigil, Weissman, McCluskie;
6-also SENATOR(S) Roberts and Gardner, Coleman, Exum, Gonzales,
7-Kirkmeyer, Liston, Lundeen, Moreno, Pelton B., Pelton R., Priola,
8-Smallwood.
9+House Committees Senate Committees
10+Judiciary Judiciary
11+A BILL FOR AN ACT
912 C
10-ONCERNING THE CODIFICATION OF THE COLORADO ACCESS TO JUSTICE
11-COMMISSION
12-.
13-
14-Be it enacted by the General Assembly of the State of Colorado:
15-SECTION 1. In Colorado Revised Statutes, add article 5.7 to title
16-13 as follows:
17-ARTICLE 5.7
18-Colorado Access to Justice Commission
13+ONCERNING THE CODIFICATION OF THE COLORADO ACCESS TO101
14+JUSTICE COMMISSION.102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+The bill codifies the Colorado access to justice commission
23+(commission). The governor, legislative leadership, supreme court of
24+Colorado, and Colorado legal organizations are to appoint the 17- to
25+20-member commission. Additionally, the Colorado supreme court justice
26+liaison, the executive director of Colorado legal services, the executive
27+director of the legal aid foundation of Colorado, and a representative of
28+SENATE
29+3rd Reading Unamended
30+May 3, 2023
31+SENATE
32+2nd Reading Unamended
33+May 2, 2023
34+HOUSE
35+3rd Reading Unamended
36+April 14, 2023
37+HOUSE
38+Amended 2nd Reading
39+April 13, 2023
40+HOUSE SPONSORSHIP
41+Joseph and Soper, Bacon, Bird, Boesenecker, Brown, Dickson, English, Epps, Froelich,
42+Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder, Lindsay, Lindstedt, Lynch, Marshall,
43+McCluskie, Michaelson Jenet, Ortiz, Ricks, Titone, Vigil, Weissman
44+SENATE SPONSORSHIP
45+Roberts and Gardner, Coleman, Exum, Gonzales, Kirkmeyer, Liston, Lundeen, Moreno,
46+Pelton B., Pelton R., Priola, Smallwood
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing law.
49+Dashes through the words or numbers indicate deletions from existing law. the Colorado attorney general serve as ex officio nonvoting members of
50+the commission.
51+The bill directs the commission to make recommendations
52+regarding legislative and regulatory changes that could help improve
53+access to justice for all Coloradans. The commission may hire staff to
54+facilitate its work.
55+The bill creates the Colorado access to justice commission cash
56+fund. The commission is authorized to receive gifts, grants, and donations
57+to fund the commission's duties.
58+Be it enacted by the General Assembly of the State of Colorado:1
59+SECTION 1. In Colorado Revised Statutes, add article 5.7 to title2
60+13 as follows:3
61+ARTICLE 5.74
62+Colorado Access to Justice Commission5
1963 13-5.7-101. Legislative declaration. (1) T
20-HE GENERAL ASSEMBLY
21-FINDS AND DECLARES THAT
22-:
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. (a) ACCESS TO JUSTICE IS A BASIC PRINCIPLE OF THE RULE OF LAW,
31-AND IT ENSURES THAT ALL PERSONS, INSTITUTIONS, AND ENTITIES, PUBLIC
32-AND PRIVATE
33-, INCLUDING THE STATE ITSELF, ARE ACCOUNTABLE TO LAWS
34-THAT ARE PUBLICLY PROMULGATED
35-, EQUALLY ENFORCED , AND
36-INDEPENDENTLY ADJUDICATED
37-. IN THE ABSENCE OF ACCESS TO JUSTICE ,
38-PEOPLE ARE UNABLE TO HAVE THEIR VOICE HEARD , EXERCISE THEIR RIGHTS,
39-CHALLENGE DISCRIMINATION, OR HOLD DECISION MAKERS ACCOUNTABLE .
64+HE GENERAL6
65+ASSEMBLY FINDS AND DECLARES THAT :7
66+(a) A
67+CCESS TO JUSTICE IS A BASIC PRINCIPLE OF THE RULE OF LAW,8
68+AND IT ENSURES THAT ALL PERSONS, INSTITUTIONS, AND ENTITIES, PUBLIC9
69+AND PRIVATE, INCLUDING THE STATE ITSELF, ARE ACCOUNTABLE TO LAWS10
70+THAT ARE PUBLICLY PROMULGATED , EQUALLY ENFORCED , AND11
71+INDEPENDENTLY ADJUDICATED . IN THE ABSENCE OF ACCESS TO JUSTICE,12
72+PEOPLE ARE UNABLE TO HAVE THEIR VOICE HEARD , EXERCISE THEIR13
73+RIGHTS, CHALLENGE DISCRIMINATION , OR HOLD DECISION MAKERS14
74+ACCOUNTABLE.15
4075 (b) L
41-ACK OF ACCESS TO JUSTICE IS A PROBLEM THAT HAS SERIOUS
42-SOCIAL
43-, LEGAL, ECONOMIC, AND POLITICAL CONSEQUENCES;
76+ACK OF ACCESS TO JUSTICE IS A PROBLEM THAT HAS SERIOUS16
77+SOCIAL, LEGAL, ECONOMIC, AND POLITICAL CONSEQUENCES;17
4478 (c) S
45-INCE 2003, THE COLORADO ACCESS TO JUSTICE COMMISSION
46-HAS COLLABORATED WITH ORGANIZATIONS CONCERNED ABOUT THE GAP IN
47-ACCESS TO JUSTICE IN
48-COLORADO TO DEVELOP AND SUPPORT A RANGE OF
49-TOOLS
50-, POLICIES, AND SERVICES TO ADDRESS THIS GAP. THE COMMISSION
51-HAS SERVED AS A HUB FOR THE MANY STAKEHOLDERS WORKING ON ACCESS
52-TO THE CIVIL LEGAL PROCESS WITHOUT STATUTORY ACKNOWLEDGMENT
53-.
79+INCE 2003, THE COLORADO ACCESS TO JUSTICE COMMISSION18
80+HAS COLLABORATED WITH ORGANIZATIONS CONCERNED ABOUT THE GAP19
81+IN ACCESS TO JUSTICE IN COLORADO TO DEVELOP AND SUPPORT A RANGE20
82+1280-2- OF TOOLS, POLICIES, AND SERVICES TO ADDRESS THIS GAP . THE1
83+COMMISSION HAS SERVED AS A HUB FOR THE MANY STAKEHOLDERS2
84+WORKING ON ACCESS TO THE CIVIL LEGAL PROCESS WITHOUT STATUTORY3
85+ACKNOWLEDGMENT .4
5486 (d) F
55-ROM 2003 TO THE PRESENT, THE NEED FOR ACCESS TO JUSTICE
56-AND THE IMPORTANCE OF IMPROVING ACCESS HAVE GROWN
57-, BUT THE
58-CHALLENGES OF ACCESS TO JUSTICE IN
59-COLORADO AND AROUND THE NATION
60-HAVE BECOME MORE ACUTE
61-;
87+ROM 2003 TO THE PRESENT, THE NEED FOR ACCESS TO JUSTICE5
88+AND THE IMPORTANCE OF IMPROVING ACCESS HAVE GROWN , BUT THE6
89+CHALLENGES OF ACCESS TO JUSTICE IN COLORADO AND AROUND THE7
90+NATION HAVE BECOME MORE ACUTE ;8
6291 (e) A
63- STUDY BY THE INSTITUTE FOR THE ADVANCEMENT OF THE
64-AMERICAN LEGAL SYSTEM AT THE UNIVERSITY OF DENVER FOUND THAT
65-ACCESS TO JUSTICE IS A BROAD SOCIETAL PROBLEM
66-, WITH SIXTY-SIX
67-PERCENT OF THE
68-AMERICAN POPULATION EXPERIENCING AT LEAST ONE
69-LEGAL PROBLEM IN THE PAST FOUR YEARS AND WITH LESS THAN HALF OF
70-THOSE PROBLEMS BEING COMPLETELY RESOLVED
71-;
92+ STUDY BY THE INSTITUTE FOR THE ADVANCEMENT OF THE9
93+A
94+MERICAN LEGAL SYSTEM AT THE UNIVERSITY OF DENVER FOUND THAT10
95+ACCESS TO JUSTICE IS A BROAD SOCIETAL PROBLEM , WITH SIXTY-SIX11
96+PERCENT OF THE AMERICAN POPULATION EXPERIENCING AT LEAST ONE12
97+LEGAL PROBLEM IN THE PAST FOUR YEARS AND WITH LESS THAN HALF OF13
98+THOSE PROBLEMS BEING COMPLETELY RESOLVED ;14
7299 (f) P
73-EOPLE WITH FEWER ECONOMIC RESOURCES ARE A VULNERABLE
74-POPULATION DUE TO LACK OF ACCESS TO JUSTICE
75-, AND BLACK, INDIGENOUS,
76-AND OTHER PEOPLE OF COLOR ARE PARTICULARLY VULNERABLE AS THEY
77-ENCOUNTER LEGAL ISSUES AT A HIGHER RATE AND OF GREATER SERIOUSNESS
78-THAN OTHER POPULATIONS
79-, ACCORDING TO THE INSTITUTE FOR THE
80-ADVANCEMENT OF THE AMERICAN LEGAL SYSTEM AT THE UNIVERSITY OF
81-DENVER. A 2022 STUDY BY THE LEGAL SERVICES CORPORATION FOUND
82-THAT LOW
83--INCOME AMERICANS DO NOT RECEIVE ANY OR E NOUGH LEGAL
84-HELP FOR NINETY
85--TWO PERCENT OF THEIR LEGAL PROBLEMS .
86-PAGE 2-HOUSE BILL 23-1280 (g) IN RESPONSE TO THESE TRENDS , IN 2021, THE COMMISSION
87-UNDERTOOK A SYSTEMATIC STATEWIDE ST UDY TO BETTER UNDERSTAND THE
88-CHALLENGES FACING THOSE TRYING TO RESOLVE CIVIL LEGAL PROBLEMS
89-.
90-T
91-HE COMMISSION CONDUCTED A TOTAL OF FORTY -ONE DIFFERENT LISTEN
92-AND LEARN SESSIONS
93-, MEETING VIRTUALLY WITH LEGAL AND COMMUNITY
94-SERVICE PROVIDERS IN EACH OF
95-COLORADO'S TWENTY-TWO JUDICIAL
96-DISTRICTS
97-. THE STUDY REVEALED THAT, DUE TO THE COMPLEXITY OF LEGAL
98-MATTERS AND THE PROHIBITIVE COST OF LEGAL HELP
99-, BARRIERS TO ACCESS
100-IMPACT
101-COLORADANS OF ALL BACKGROUNDS AND FROM ALL WALKS OF LIFE .
100+EOPLE WITH FEWER ECONOMIC RESOURCES ARE A15
101+VULNERABLE POPULATION DUE TO LACK OF ACCESS TO JUSTICE , AND16
102+B
103+LACK, INDIGENOUS, AND OTHER PEOPLE OF COLOR ARE PARTICULARLY17
104+VULNERABLE AS THEY ENCOUNTER LEGAL ISSUES AT A HIGHER RATE AND18
105+OF GREATER SERIOUSNESS THAN OTHER POPULATIONS , ACCORDING TO THE19
106+I
107+NSTITUTE FOR THE ADVANCEMENT OF THE AMERICAN LEGAL SYSTEM AT20
108+THE UNIVERSITY OF DENVER. A 2022 STUDY BY THE LEGAL SERVICES21
109+C
110+ORPORATION FOUND THAT LOW -INCOME AMERICANS DO NOT RECEIVE22
111+ANY OR ENOUGH LEGAL HELP FOR NINETY -TWO PERCENT OF THEIR LEGAL23
112+PROBLEMS.24
113+(g) I
114+N RESPONSE TO THESE TRENDS , IN 2021, THE COMMISSION25
115+UNDERTOOK A SYSTEMATIC STATEW IDE STUDY TO BETTER UNDERSTAND26
116+THE CHALLENGES FACING THOSE TRYING TO RESOLVE CIVIL LEGAL27
117+1280
118+-3- PROBLEMS. THE COMMISSION CONDUCTED A TOTAL OF FORTY -ONE1
119+DIFFERENT LISTEN AND LEARN SESSIONS, MEETING VIRTUALLY WITH LEGAL2
120+AND COMMUNITY SERVICE PROVIDERS IN EACH OF COLORADO'S3
121+TWENTY-TWO JUDICIAL DISTRICTS. THE STUDY REVEALED THAT, DUE TO4
122+THE COMPLEXITY OF LEGAL MATTERS AND THE PROHIBITIVE COST OF5
123+LEGAL HELP, BARRIERS TO ACCESS IMPACT COLORADANS OF ALL6
124+BACKGROUNDS AND FROM ALL WALKS OF LIFE .7
102125 (h) T
103-HE COVID-19 PANDEMIC REQUIRED EXPERIMENTATION AND
104-INNOVATION IN
105-COLORADO'S COURT SYSTEM AND ELSEWHERE , UNCOVERING
106-WAYS THAT THE LEGAL SYSTEM CAN WORK BETTER FOR PEOPLE AND
107-ORGANIZATIONS WITH LEGAL NEEDS
108-; AND
109-(i) THERE IS AN INTERSECTION OF NEED AND OPPORTUNITY WITH
110-RESPECT TO ACCESS TO CIVIL JUSTICE FOR ALL
111-COLORADANS, SUCH THAT
112-THE COMMISSION
113-'S ONGOING WORK MERITS STATUTORY RECOGNITION ,
114-INFORMING THE GOVERNOR AND GENERAL ASSEMBLY THROUGH REGULAR ,
115-SYSTEMATIC INPUT FROM THE COMMISSION .
126+HE COVID-19 PANDEMIC REQUIRED EXPERIMENTATION AND8
127+INNOVATION IN COLORADO'S COURT SYSTEM AND ELSEWHERE ,9
128+UNCOVERING WAYS THAT THE LEGAL SYSTEM CAN WORK BETTER FOR10
129+PEOPLE AND ORGANIZATIONS WITH LEGAL NEEDS ; AND11
130+(i) T
131+HERE IS AN INTERSECTION OF NEED AND OPPORTUNITY WITH12
132+RESPECT TO ACCESS TO CIVIL JUSTICE FOR ALL COLORADANS, SUCH THAT13
133+THE COMMISSION'S ONGOING WORK MERITS STATUTORY REC OGNITION ,14
134+INFORMING THE GOVERNOR AND GENERAL ASSEMBLY THR OUGH REGULAR ,15
135+SYSTEMATIC INPUT FROM THE COMMISSION .16
116136 (2) T
117-HEREFORE, THE GENERAL ASSEMBLY RECOGNIZES THAT ACCESS
118-TO CIVIL COURTS IS A PILLAR OF DEMOCRACY AND ENACTS THIS ARTICLE
119-5.7
120-TO CODIFY THE COLORADO ACCESS TO JUSTICE COMMISSION AND AFFIRM ITS
121-COMMITMENT TO EQUITABLE ACCESS TO THE CIVIL LEGAL PROCESS
122-.
137+HEREFORE, THE GENERAL ASSEMBLY RECOGNIZES THAT17
138+ACCESS TO CIVIL COURTS IS A PILLAR OF DEMOCRACY AND ENACTS THIS18
139+ARTICLE 5.7 TO CODIFY THE COLORADO ACCESS TO JUSTICE COMMISSION19
140+AND AFFIRM ITS COMMITMENT TO EQUITABLE ACCESS TO THE CIVIL LEGAL20
141+PROCESS.21
123142 13-5.7-102. Definitions. A
124-S USED IN THIS ARTICLE 5.7, UNLESS THE
125-CONTEXT OTHERWISE REQUIRES
126-:
143+S USED IN THIS ARTICLE 5.7, UNLESS22
144+THE CONTEXT OTHERWISE REQUIRES :23
127145 (1) "C
128-OMMISSION" MEANS THE COLORADO ACCESS TO JUSTICE
129-COMMISSION ESTABLISHED PURSUANT TO SECTION
130-13-5.7-103.
146+OMMISSION" MEANS THE COLORADO ACCESS TO JUSTICE24
147+COMMISSION ESTABLISHED PURSUANT TO SECTION 13-5.7-103.25
131148 (2) "F
132-UND" MEANS THE COLORADO ACCESS TO JUSTICE CASH FUND
133-CREATED IN SECTION
134-13-5.7-105.
135-13-5.7-103. Colorado access to justice commission - creation -
136-membership - operation. (1) T
137-HERE IS CREATED THE COLORADO ACCESS
138-TO JUSTICE COMMISSION
139-, WHICH HAS THE POWERS AND DUTIES SPECIFIED IN
140-THIS ARTICLE
141-5.7.
142-PAGE 3-HOUSE BILL 23-1280 (2) (a) THE COMMISSION CONSISTS OF:
149+UND" MEANS THE COLORADO ACCESS TO JUSTICE CASH FUND26
150+CREATED IN SECTION 13-5.7-105.27
151+1280
152+-4- 13-5.7-103. Colorado access to justice commission - creation1
153+- membership - operation. (1) T
154+HERE IS CREATED THE COLORADO2
155+ACCESS TO JUSTICE COMMISSION, WHICH HAS THE POWERS AND DUTIES3
156+SPECIFIED IN THIS ARTICLE 5.7.4
157+(2) (a) T
158+HE COMMISSION CONSISTS OF:5
143159 (I) A
144-T LEAST SEVENTEEN BUT NO MORE THAN TWENTY VOTING
145-MEMBERS
146-, AS FOLLOWS:
160+T LEAST SEVENTEEN BUT NO MORE THAN TWENTY VOTING6
161+MEMBERS, AS FOLLOWS:7
147162 (A) A
148-T LEAST EIGHT BUT NO MORE THAN TEN MEMBERS APPOINTED
149-BY THE
150-COLORADO BAR ASSOCIATION ;
163+T LEAST EIGHT BUT NO MORE THAN TEN MEMBERS APPOINTED8
164+BY THE COLORADO BAR ASSOCIATION ;9
151165 (B) A
152-T LEAST THREE BUT NO MORE THAN FOUR MEMBERS APPOINTED
153-BY THE CHIEF JUSTICE OF THE SUPREME COURT OF
154-COLORADO;
166+T LEAST THREE BUT NO MORE THAN FOUR MEMBERS10
167+APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT OF COLORADO;11
155168 (C) O
156-NE MEMBER APPOINTED BY THE GOVERNOR ;
169+NE MEMBER APPOINTED BY THE GOVERNOR ;12
157170 (D) O
158-NE MEMBER APPOINTED BY THE PRESIDENT OF THE COLORADO
159-SENATE
160-;
171+NE MEMBER APPOINTED BY THE PRESIDENT OF THE13
172+C
173+OLORADO SENATE;14
161174 (E) O
162-NE MEMBER APPOINTED BY THE SPEAKER OF THE COLORADO
163-HOUSE OF REPRESENTATIVES
164-;
175+NE MEMBER APPOINTED BY THE SPEAKER OF THE COLORADO15
176+HOUSE OF REPRESENTATIVES;16
165177 (F) O
166-NE MEMBER APPOINTED BY COLORADO LEGAL SERVICES, A
167-NONPROFIT AGENCY
168-, OR ITS SUCCESSOR AGENCY;
178+NE MEMBER APPOINTED BY COLORADO LEGAL SERVICES, A17
179+NONPROFIT AGENCY, OR ITS SUCCESSOR AGENCY;18
169180 (G) O
170-NE MEMBER APPOINTED BY THE COLORADO LAWYER TRUST
171-ACCOUNT FOUNDATION, OR ITS SUCCESSOR AGENCY; AND
172-(H) ONE MEMBER APPOINTED BY THE LEGAL AID FOUNDATION OF
173-COLORADO, OR ITS SUCCESSOR AGENCY; AND
174-(II) AT LEAST FOUR NONVOTING, EX OFFICIO MEMBERS, INCLUDING:
181+NE MEMBER APPOINTED BY THE COLORADO LAWYER TRUST19
182+A
183+CCOUNT FOUNDATION, OR ITS SUCCESSOR AGENCY; AND20
184+(H) O
185+NE MEMBER APPOINTED BY THE LEGAL AID FOUNDATION OF21
186+C
187+OLORADO, OR ITS SUCCESSOR AGENCY; AND22
188+(II) A
189+T LEAST FOUR NONVOTING , EX OFFICIO MEMBERS ,23
190+INCLUDING:24
175191 (A) T
176-HE COLORADO SUPREME COURT JUSTICE LIAISON ;
192+HE COLORADO SUPREME COURT JUSTICE LIAISON ;25
177193 (B) T
178-HE EXECUTIVE DIRECTOR OF COLORADO LEGAL SERVICES, OR
179-ITS SUCCESSOR AGENCY
180-;
194+HE EXECUTIVE DIRECTOR OF COLORADO LEGAL SERVICES, OR26
195+ITS SUCCESSOR AGENCY;27
196+1280
197+-5- (C) THE EXECUTIVE DIRECTOR OF THE LEGAL AID FOUNDATION OF1
198+C
199+OLORADO, OR ITS SUCCESSOR AGENCY; AND2
200+(D) A
201+ REPRESENTATIVE OF THE COLORADO ATTORNEY GENERAL3
202+APPOINTED BY THE CHAIR OF THE COMMISSION .4
203+(b) N
204+OTHING IN THIS SUBSECTION (2) PREVENTS THE CHAIR OF THE5
205+COMMISSION FROM CREATING NONVOTING EMERITUS POSITIONS FOR6
206+LONG-SERVING, RETIRING COMMISSIONERS.7
207+ 8
208+(c) THE APPOINTING AUTHORITIES SHALL NAME THE INITIAL9
209+MEMBERS TO THE COMMISSION BY SEPTEMBER 1, 2023. MEMBERS OF THE10
210+COMMISSION SERVE THREE-YEAR TERMS AND MAY BE REAPPOINTED BY11
211+THEIR APPOINTING AUTHORITY FOR AN ADDITIONAL TWO TERMS .12
212+M
213+EMBERS OF THE COMMISSION MAY BE REMOVED BY THEIR RESPECTIVE13
214+APPOINTING AUTHORITIES FOR CAUSE . IF A VACANCY OCCURS ON THE14
215+COMMISSION, THE APPOINTING AUTHORITY FOR THE MEMBER WHOSE15
216+POSITION IS VACATED SHALL APPOINT A MEMBER TO FILL THE VACANT16
217+POSITION.17 (d) THE COMMISSION SHALL SELECT A CHAIR AND VICE -CHAIR OF18
218+THE COMMISSION FROM ITS MEMBERSHIP .19
219+(3) M
220+EMBERS OF THE COMMISSION SERVE WITHOUT20
221+COMPENSATION BUT MAY BE REIMBURSED FOR THEIR ACTUAL AND21
222+NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL22
223+DUTIES AS MEMBERS OF THE COMMISSION .23
224+(4) T
225+HE COMMISSION MAY ESTABLISH BYLAWS AS APPROPRIATE24
226+FOR ITS EFFECTIVE OPERATION.25
227+(5) T
228+HE CHAIR OF THE COMMISSION SHALL ESTABLISH A SCHEDULE26
229+FOR COMMISSION MEETINGS . THE COMMISSION SHALL MEET AT LEAST27
230+1280
231+-6- ONCE EVERY THREE MONTHS .1
232+(6) M
233+EMBERS OF THE COMMISSION, STAFF, AND CONSULTANTS ARE2
234+NOT LIABLE FOR ANY ACT OR OMISSION IN THEIR OFFICIAL CAPACITY3
235+PERFORMED IN GOOD FAITH IN ACCORDANCE WITH THIS ARTICLE 5.7.4
236+13-5.7-104. Duties of commission - mission - staffing - report.5
237+(1) T
238+HE MISSION OF THE COMMISSION IS TO EXPAND ACCESS , QUALITY,6
239+AND FAIRNESS IN THE JUSTICE SYSTEM FOR ALL COLORADANS.7
240+(2) T
241+HE COMMISSION HAS THE FOLLOWING POWERS AND DUTIES :8
242+(a) T
243+O IDENTIFY, EXAMINE, AND REPORT ON THE IMPEDIMENTS TO9
244+ACCESSING COLORADO'S CIVIL JUSTICE SYSTEM AND HOW TO MITIGATE OR10
245+ELIMINATE SUCH IMPEDIMENTS;11
246+(b) T
247+O EXAMINE SPECIFIC PROBLEMS IN THE CIVIL JUSTICE SYSTEM,12
248+QUALITATIVELY AND QUANTITATIVELY , AND HOW TO SOLVE THEM ,13
249+INCLUDING CONSIDERATION OF THE EXPERIENCES OF INDIVIDUALS AND14
250+ORGANIZATIONS WHO USE THE SYSTEM ;15
181251 (c) T
182-HE EXECUTIVE DIRECTOR OF THE LEGAL AID FOUNDATION OF
183-COLORADO, OR ITS SUCCESSOR AGENCY; AND
184-(D) A REPRESENTATIVE OF THE COLORADO ATTORNEY GENERAL
185-APPOINTED BY THE CHAIR OF THE COMMISSION
186-.
187-PAGE 4-HOUSE BILL 23-1280 (b) NOTHING IN THIS SUBSECTION (2) PREVENTS THE CHAIR OF THE
188-COMMISSION FROM CREATING NONVOTING EMERITUS POSITIONS FOR
189-LONG
190--SERVING, RETIRING COMMISSIONERS.
252+O BRING LEADERS FROM DIVERSE SECTORS TOGETHER TO16
253+IMPLEMENT SOLUTIONS TO ADDRESS STATEWIDE ISSUES THAT IMPEDE17
254+ACCESS TO JUSTICE, THEREBY SUPPORTING AN ECOSYSTEM OF ACCESS TO18
255+JUSTICE WORK BEING DONE STATEWIDE ;19
256+(d) T
257+O CREATE PRACTICAL SOLUTIONS FOR THOSE WHO LACK THE20
258+INFORMATION, TOOLS, AND SERVICES NECESSARY TO RESOLVE THEIR CIVIL21
259+LEGAL PROBLEMS FAIRLY, QUICKLY, AND ECONOMICALLY;22
260+(e) T
261+O ACT AS A LEADER TO INFORM , ENGAGE, AND INSPIRE23
262+LAWYERS, ADVOCATES , COMMUNITY MEMBERS , AND OTHER24
263+STAKEHOLDERS TO IMPROVE ACCESS TO JUSTICE ;25
264+(f) T
265+O USE ITS PLATFORM TO ELEVATE UNDERSTANDING OF AND26
266+COMMITMENT TO ACCESS TO JUSTICE IN COLORADO;27
267+1280
268+-7- (g) TO ADVOCATE FOR NEEDED CHANGES TO LAWS , PRACTICES,1
269+RULES, AND POLICIES IN COLORADO; AND2
270+(h) T
271+O FORM ADVISORY COMMITTEES AS NECESSARY TO GAIN3
272+INPUT AND EXPERTISE FOR THE COMMISSION IN AN EFFORT TO FURTHER4
273+THE DUTIES AND RESPONSIBILITIES SET FORTH IN THIS SUBSECTION (2).5
274+(3) (a) C
275+OMMISSION ADVISORY COMMI TTEES FOCUS ON SPECIFIC6
276+SUBJECT MATTERS AND MAY MAKE RECOMME NDATIONS TO THE FULL7
277+COMMISSION. THE CHAIR OF THE COMMISSION SHALL APPOINT MEMBERS8
278+OF THE COMMISSION TO SERVE ON THE ADVISORY COMMITTEES AND SHALL9
279+APPOINT A COMMISSION MEMBER TO SERVE AS CHAIR OF EACH ADVISORY10
280+COMMITTEE FORMED PURSUANT TO THIS SUBSECTION (3).11
281+(b) T
282+HE CHAIR OF AN ADVISO RY COMMITTEE MAY SELECT12
283+INTERESTED MEMBERS OF THE COMMUNITY WHO ARE NOT MEMBERS OF13
284+THE COMMISSION TO SERVE ON THE ADVISORY COMMITTEE .14
285+N
286+ONCOMMISSION MEMBERS OF AN ADVISORY COMMITTEE SERVE WITHOUT15
287+COMPENSATION OR REIMBURSEMENT FOR EXPENSES .16
288+(4) T
289+HE COMMISSION MAY RESPOND TO INQUIRIES FROM THE17
290+GENERAL ASSEMBLY, THE GOVERNOR, BUSINESSES, OR INDIVIDUALS, AS18
291+RESOURCES ALLOW.19
292+(5) (a) T
293+HE COMMISSION MAY HIRE STAFF TO FACILITATE ITS20
294+WORK, INCLUDING AN EXECUTIVE DIRECTOR AND OTHER STAFF AS21
295+NECESSARY.22
296+(b) A
297+S FUNDS ALLOW, THE COMMISSION MAY ALSO CONTRACT23
298+WITH INDEPENDENT CONTRACTORS TO PROVIDE RESOURCES FOR DATA24
299+COLLECTION, RESEARCH, ANALYSIS, PUBLICATION OF THE COMMISSION'S25
300+FINDINGS AND REPORTS , AND OTHER NECESSARY SERVICES IN26
301+FURTHERANCE OF THE COMMISSION 'S PURPOSE.27
302+1280
303+-8- (6) (a) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE1
304+COMMISSION SHALL PREPARE AND SUBMIT AN ANNUAL REPORT ON ITS2
305+WORK, INCLUDING FINDINGS AND RECOMMENDATIONS APPROVED BY AT3
306+LEAST TWO-THIRDS OF THE VOTING MEMBERS OF THE COMMISSION , TO THE4
307+GOVERNOR AND THE JUDICIARY COMMITTEES OF THE SENATE AND THE5
308+HOUSE OF REPRESENTATIVES , OR THEIR SUCCESSOR COMMITTEES . THE6
309+LEGISLATIVE COMMITTEES OF REFERENCE SHALL CONSIDER THE7
310+COMMISSION'S RECOMMENDATIONS FOR LEGISLATION , AND THE GOVERNOR8
311+SHALL CONSIDER THE COMMISSION 'S RECOMMENDATIONS FOR9
312+REGULATORY ACTION. THE COMMISSION SHALL PRESENT ITS REPORT TO10
313+THE LEGISLATIVE COMMITTEES OF REFERENCE DURING THE COMMITTEES '11
314+HEARINGS HELD PURSUANT TO THE "SMART ACT", PART 2 OF ARTICLE 712
315+OF TITLE 2.13
316+(b) W
317+ITH REGARD TO ANY LEGISLATIVE RECOMMENDATIONS14
318+CONTAINED IN ITS REPORT, THE COMMISSION SHALL SPECIFY THE LAWS15
319+THAT NEED TO BE CREATED, AMENDED, OR REPEALED TO ENSURE ACCESS16
320+TO JUSTICE FOR ALL COLORADANS.17
321+13-5.7-105. Colorado access to justice cash fund - creation -18
322+funding sources - use of fund. (1) (a) T
323+HERE IS CREATED IN THE STATE19
324+TREASURY THE COLORADO ACCESS TO JUSTICE CASH FUND . THE FUND20
325+CONSISTS OF MONEY APPROPRIATED OR TRANSFERRED BY THE GENERAL21
326+ASSEMBLY TO THE FUND AND ANY GIFTS , GRANTS, OR DONATIONS FROM22
327+PRIVATE OR PUBLIC SOURCES MADE TO THE COMMISSION FOR THE PURPOSE23
328+OF THIS ARTICLE 5.7.24
329+(b) M
330+ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE25
331+COMMISSION FOR THE PURPOSES OF THIS ARTICLE 5.7. THE STATE26
332+TREASURER SHALL CREDIT TO THE FUND ALL INTEREST AND INCOME27
333+1280
334+-9- DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE FUND .1
335+A
336+NY UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND2
337+AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE FUND AND MUST3
338+NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER4
339+FUND.5
191340 (c) T
192-HE APPOINTING AUTHORITIES SHALL NAME THE INITIAL
193-MEMBERS TO THE COMMISSION BY
194-SEPTEMBER 1, 2023. MEMBERS OF THE
195-COMMISSION SERVE THREE
196--YEAR TERMS AND MAY BE REAPPOINTED BY
197-THEIR APPOINTING AUTHORITY FOR AN ADDITIONAL TWO TERMS
198-. MEMBERS
199-OF THE COMMISSION MAY BE REMOVED BY THEIR RESPECTIVE APPOINTING
200-AUTHORITIES FOR CAUSE
201-. IF A VACANCY OCCURS ON THE COMMISSION , THE
202-APPOINTING AUTHORITY FOR THE MEMBER WHOSE POSITION IS VACATED
203-SHALL APPOINT A MEMBER TO FILL THE VACANT POSITION
204-.
205-(d) T
206-HE COMMISSION SHALL SELECT A CHAIR AND VICE-CHAIR OF THE
207-COMMISSION FROM ITS MEMBERSHIP
208-.
209-(3) M
210-EMBERS OF THE COMMISSION SERVE WITHOUT COMPENSATION
211-BUT MAY BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES
212-INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS MEMBERS OF
213-THE COMMISSION
214-.
215-(4) T
216-HE COMMISSION MAY ESTABLISH BYLAWS AS APPROPRIATE FOR
217-ITS EFFECTIVE OPERATION
218-.
219-(5) T
220-HE CHAIR OF THE COMMISSION SHALL ESTABLISH A SCHEDULE
221-FOR COMMISSION MEETINGS
222-. THE COMMISSION SHALL MEET AT LEAST ONCE
223-EVERY THREE MONTHS
224-.
225-(6) M
226-EMBERS OF THE COMMISSION, STAFF, AND CONSULTANTS ARE
227-NOT LIABLE FOR ANY ACT OR OMISSION IN THEIR OFFICIAL CAPACITY
228-PERFORMED IN GOOD FAITH IN ACCORDANCE WITH THIS ARTICLE
229-5.7.
230-13-5.7-104. Duties of commission - mission - staffing - report.
231-(1) T
232-HE MISSION OF THE COMMISSION IS TO EXPAND ACCESS , QUALITY, AND
233-FAIRNESS IN THE JUSTICE SYSTEM FOR ALL
234-COLORADANS.
341+HE COMMISSION MAY SOLICIT, ACCEPT, AND EXPEND GIFTS,6
342+GRANTS, OR DONATIONS, INCLUDING IN-KIND DONATIONS, FROM ANY7
343+SOURCE FOR THE PURPOSES OF THIS ARTICLE 5.7, AND NOTHING IN THIS8
344+TITLE 13 PREVENTS THE COMMISSION FROM MAINTAINING AS A SUBSIDIARY9
345+OR IN OTHER APPROPRIATE FORM AN ORGANIZATION EXEMPT FROM10
346+FEDERAL INCOME TAX UNDER 26 U.S.C. SEC. 501(c)(3).11
235347 (2) T
236-HE COMMISSION HAS THE FOLLOWING POWERS AND DUTIES :
348+HE COMMISSION MAY USE MONEY IN THE FUND FOR THE12
349+IMPLEMENTATION OF THIS ARTICLE 5.7 AND IN FURTHERANCE OF THE13
350+COMMISSION'S MISSION, INCLUDING:14
237351 (a) T
238-O IDENTIFY, EXAMINE, AND REPORT ON THE IMPEDIMENTS TO
239-PAGE 5-HOUSE BILL 23-1280 ACCESSING COLORADO'S CIVIL JUSTICE SYSTEM AND HOW TO MITIGATE OR
240-ELIMINATE SUCH IMPEDIMENTS
241-;
352+O COMPENSATE THE COMMISSION 'S STAFF AND INDEPENDENT15
353+CONTRACTORS;16
242354 (b) T
243-O EXAMINE SPECIFIC PROBLEMS IN THE CIVIL JUSTICE SYSTEM ,
244-QUALITATIVELY AND QUANTITATIVELY , AND HOW TO SOLVE THEM ,
245-INCLUDING CONSIDERATION OF THE EXPERIENCES OF INDIVIDUALS AND
246-ORGANIZATIONS WHO USE THE SYSTEM
247-;
355+O PAY THE COSTS OF OBTAINING DATA AND ANALYSES FROM17
356+ORGANIZATIONS AND ENTITIES; AND18
248357 (c) T
249-O BRING LEADERS FROM DIVERSE SECTORS TOGETHER TO
250-IMPLEMENT SOLUTIONS TO ADDRESS STATEWIDE ISSUES THAT IMPEDE
251-ACCESS TO JUSTICE
252-, THEREBY SUPPORTING AN ECOSYSTEM OF ACCESS TO
253-JUSTICE WORK BEING DONE STATEWIDE
254-;
255-(d) T
256-O CREATE PRACTICAL SOLUTIONS FOR THOSE WHO LACK THE
257-INFORMATION
258-, TOOLS, AND SERVICES NECESSARY TO RESOLVE THEIR CIVIL
259-LEGAL PROBLEMS FAIRLY
260-, QUICKLY, AND ECONOMICALLY;
261-(e) T
262-O ACT AS A LEADER TO INFORM , ENGAGE, AND INSPIRE
263-LAWYERS
264-, ADVOCATES, COMMUNITY MEMBERS, AND OTHER STAKEHOLDERS
265-TO IMPROVE ACCESS TO JUSTICE
266-;
267-(f) T
268-O USE ITS PLATFORM TO ELEVATE UNDERSTANDING OF AND
269-COMMITMENT TO ACCESS TO JUSTICE IN
270-COLORADO;
271-(g) T
272-O ADVOCATE FOR NEEDED CHANGES TO LAWS , PRACTICES,
273-RULES, AND POLICIES IN COLORADO; AND
274-(h) TO FORM ADVISORY COMMITTEES AS NECESSARY TO GAIN INPUT
275-AND EXPERTISE FOR THE COMMISSION IN AN EFFORT TO FURTHER THE DUTIES
276-AND RESPONSIBILITIES SET FORTH IN THIS SUBSECTION
277-(2).
278-(3) (a) C
279-OMMISSION ADVISORY COMMI TTEES FOCUS ON SPECIFIC
280-SUBJECT MATTERS AND MAY MAKE RECOMMENDATIONS TO THE FULL
281-COMMISSION
282-. THE CHAIR OF THE COMMISSION SHALL APPOINT MEMBERS OF
283-THE COMMISSION TO SERVE ON THE ADVISORY COMMITTEES AND SHALL
284-APPOINT A COMMISSION MEMBER TO SERVE AS CHAIR OF EACH ADVISORY
285-COMMITTEE FORMED PURSUANT TO THIS SUBSECTION
286-(3).
287-(b) T
288-HE CHAIR OF AN ADVISO RY COMMITTEE MAY SELECT
289-INTERESTED MEMBERS OF THE COMMUNITY WHO ARE NOT MEMBERS OF THE
290-PAGE 6-HOUSE BILL 23-1280 COMMISSION TO SERVE ON THE ADVISORY COMMITTEE . NONCOMMISSION
291-MEMBERS OF AN ADVISORY COMMITTEE SERVE WITHOUT COMPENSATION OR
292-REIMBURSEMENT FOR EXPENSES
293-.
294-(4) T
295-HE COMMISSION MAY RESPOND TO INQUIRIES FROM THE
296-GENERAL ASSEMBLY
297-, THE GOVERNOR, BUSINESSES, OR INDIVIDUALS, AS
298-RESOURCES ALLOW
299-.
300-(5) (a) T
301-HE COMMISSION MAY HIRE STAFF TO FACILITATE ITS WORK ,
302-INCLUDING AN EXECUTIVE DIRECTOR AND OTHER STAFF AS NECESSARY .
303-(b) A
304-S FUNDS ALLOW, THE COMMISSION MAY ALSO CONTRACT WITH
305-INDEPENDENT CONTRACTORS TO PROVIDE RESOURCES FOR DATA
306-COLLECTION
307-, RESEARCH, ANALYSIS, PUBLICATION OF THE COMMISSION 'S
308-FINDINGS AND REPORTS
309-, AND OTHER NECESSARY SERVICES IN FURTHERANCE
310-OF THE COMMISSION
311-'S PURPOSE.
312-(6) (a) N
313-OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
314-COMMISSION SHALL PREPARE AND SUBMIT AN ANNUAL REPORT ON ITS WORK
315-,
316-INCLUDING FINDINGS AND RECOMMENDATIONS APPROVED BY AT LEAST
317-TWO
318--THIRDS OF THE VOTING MEMBERS OF THE COMMISSION , TO THE
319-GOVERNOR AND THE JUDICIARY CO MMITTEES OF THE SENATE AND THE
320-HOUSE OF REPRESENTATIVES
321-, OR THEIR SUCCESSOR COMMITTEES . THE
322-LEGISLATIVE COMMITTEES OF REFERENCE SHALL CONSIDER THE
323-COMMISSION
324-'S RECOMMENDATIONS FOR LEGISLATION , AND THE GOVERNOR
325-SHALL CONSIDER THE COMMISSION
326-'S RECOMMENDATIONS FOR REGULATORY
327-ACTION
328-. THE COMMISSION SHALL PRESENT ITS REPORT TO THE LEGISLATIVE
329-COMMITTEES OF REFERENCE DURING THE COMMITTEES
330-' HEARINGS HELD
331-PURSUANT TO THE
332-"SMART ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
333-(b) W
334-ITH REGARD TO ANY LEGISLATIVE RECOMMENDATIONS
335-CONTAINED IN ITS REPORT
336-, THE COMMISSION SHALL SPECIFY THE LAWS THAT
337-NEED TO BE CREATED
338-, AMENDED, OR REPEALED TO ENSURE ACCESS TO
339-JUSTICE FOR ALL
340-COLORADANS.
341-13-5.7-105. Colorado access to justice cash fund - creation -
342-funding sources - use of fund. (1) (a) T
343-HERE IS CREATED IN THE STATE
344-TREASURY THE
345-COLORADO ACCESS TO JUSTICE CASH FUND . THE FUND
346-CONSISTS OF MONEY APPROPRIATED OR TRANSFERRED BY THE GENERAL
347-ASSEMBLY TO THE FUND AND ANY GIFTS
348-, GRANTS, OR DONATIONS FROM
349-PAGE 7-HOUSE BILL 23-1280 PRIVATE OR PUBLIC SOURCES MADE TO THE COMMISSION FOR THE PURPOSE
350-OF THIS ARTICLE
351-5.7.
352-(b) M
353-ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
354-COMMISSION FOR THE PURPOSES OF THIS ARTICLE
355-5.7. THE STATE TREASURER
356-SHALL CREDIT TO THE FUND ALL INTEREST AND INCOME DERIVED FROM THE
357-INVESTMENT AND DEPOSIT OF MONEY IN THE FUND
358-. ANY UNEXPENDED AND
359-UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF ANY FISCAL
360-YEAR SHALL REMAIN IN THE FUND AND MUST NOT BE CREDITED OR
361-TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND
362-.
363-(c) T
364-HE COMMISSION MAY SOLICIT , ACCEPT, AND EXPEND GIFTS,
365-GRANTS, OR DONATIONS, INCLUDING IN-KIND DONATIONS, FROM ANY SOURCE
366-FOR THE PURPOSES OF THIS ARTICLE
367-5.7, AND NOTHING IN THIS TITLE 13
368-PREVENTS THE COMMISSION FROM MAINTAINING AS A SUBSIDIARY OR IN
369-OTHER APPROPRIATE FORM AN ORGANIZATION EXEMPT FROM FEDERAL
370-INCOME TAX UNDER
371-26 U.S.C. SEC. 501(c)(3).
372-(2) T
373-HE COMMISSION MAY USE MONEY IN THE FUND FOR THE
374-IMPLEMENTATION OF THIS ARTICLE
375-5.7 AND IN FURTHERANCE OF THE
376-COMMISSION
377-'S MISSION, INCLUDING:
378-(a) T
379-O COMPENSATE THE COMMISSION 'S STAFF AND INDEPENDENT
380-CONTRACTORS
381-;
382-(b) T
383-O PAY THE COSTS OF OBTAINING DATA AND ANALYSES FROM
384-ORGANIZATIONS AND ENTITIES
385-; AND
386-(c) TO PAY THE COMMISSION MEMBERS ' NECESSARY EXPENSES IN
387-PERFORMANCE OF THEIR DUTIES
388-.
389-SECTION 2. Act subject to petition - effective date. This act
390-takes effect at 12:01 a.m. on the day following the expiration of the
391-ninety-day period after final adjournment of the general assembly; except
392-that, if a referendum petition is filed pursuant to section 1 (3) of article V
393-of the state constitution against this act or an item, section, or part of this act
394-within such period, then the act, item, section, or part will not take effect
395-unless approved by the people at the general election to be held in
396-PAGE 8-HOUSE BILL 23-1280 November 2024 and, in such case, will take effect on the date of the official
397-declaration of the vote thereon by the governor.
398-____________________________ ____________________________
399-Julie McCluskie Steve Fenberg
400-SPEAKER OF THE HOUSE PRESIDENT OF
401-OF REPRESENTATIVES THE SENATE
402-____________________________ ____________________________
403-Robin Jones Cindi L. Markwell
404-CHIEF CLERK OF THE HOUSE SECRETARY OF
405-OF REPRESENTATIVES THE SENATE
406- APPROVED________________________________________
407- (Date and Time)
408- _________________________________________
409- Jared S. Polis
410- GOVERNOR OF THE STATE OF COLORADO
411-PAGE 9-HOUSE BILL 23-1280
358+O PAY THE COMMISSION MEMBERS ' NECESSARY EXPENSES IN19
359+PERFORMANCE OF THEIR DUTIES.20
360+SECTION 2. Act subject to petition - effective date. This act21
361+takes effect at 12:01 a.m. on the day following the expiration of the22
362+ninety-day period after final adjournment of the general assembly; except23
363+that, if a referendum petition is filed pursuant to section 1 (3) of article V24
364+of the state constitution against this act or an item, section, or part of this25
365+act within such period, then the act, item, section, or part will not take26
366+effect unless approved by the people at the general election to be held in27
367+1280
368+-10- November 2024 and, in such case, will take effect on the date of the1
369+official declaration of the vote thereon by the governor.2
370+1280
371+-11-