Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-1032.01 Megan McCall x4215
SENATE BILL 24-157
Senate Committees House Committees
State, Veterans, & Military Affairs Judiciary
A BILL FOR AN ACT
C
ONCERNING CLARIFYING THE APPLICATION OF THE COLORADO OPEN101
MEETINGS LAW TO THE COLORADO GENERAL ASSEMBLY .102
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
.)
Under the Colorado open meetings law (COML), any meeting of
a body of the general assembly at which the adoption of any proposed
policy, position, resolution, rule, regulation, or formal action occurs or at
which a majority or quorum of a body of the general assembly is in
attendance or expected to be in attendance can only be held after full and
timely notice to the public. In addition, the COML requires that minutes
HOUSE
2nd Reading Unamended
March 8, 2024
SENATE
3rd Reading Unamended
March 4, 2024
SENATE
Amended 2nd Reading
March 1, 2024
SENATE SPONSORSHIP
Fenberg, Buckner, Coleman, Cutter, Exum, Fields, Hansen, Hinrichsen, Michaelson Jenet,
Priola, Rodriguez, Gonzales, Jaquez Lewis, Marchman, Sullivan
HOUSE SPONSORSHIP
McCluskie and deGruy Kennedy, Amabile, Bird, Boesenecker, Daugherty, Duran,
Froelich, Garcia, Jodeh, Lindsay, Lindstedt, McCormick, McLachlan, Sirota, Snyder, Titone
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. of the meeting be taken and promptly recorded.
The bill makes several changes and clarifications concerning the
application of the COML to the general assembly and its members.
Specifically, the bill provides that, for purposes of applying the notice and
minutes provisions under the COML, a quorum of a state public body of
the general assembly must be contemporaneous.
Additionally, the bill establishes that written communication,
electronic or otherwise, exchanged between members of the general
assembly are not subject to the COML but any records of the
communications are subject to disclosure to the extent required by the
"Colorado Open Records Act".
The bill also defines "public business", for purposes of the
application of the COML to the general assembly, as introduced
legislation, including bills, resolutions, and memorials, or other matters
before a statutory committee, any type of interim committee, or a
committee of reference. However, "public business" does not include
matters that are by nature interpersonal, administrative, or logistical or
that concern personnel, planning, process, training, or operations, as long
as the merits or substance of matters that are expressly defined as being
public business are not discussed.
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) The United States and Colorado constitutions each create4
tripartite systems of government centered around representative5
legislative bodies, which our founders envisioned would arrive at sound6
policy through deliberation of the needs and values of their constituents;7
(b) Legislators take an oath of office to faithfully fulfill the duties8
of their position, which calls upon them to craft policy, establish the state9
budget, vote on legislation, and provide oversight of state departments;10
(c) The general assembly commits to ensuring open access to the11
deliberation of public business and the formation of public policy because12
the democratic process necessitates transparent discourse on policy13
matters of statewide importance;14
157-2- (d) The general assembly considers legislation through a dynamic,1
iterative process, the outcome of which is determined by legislators'2
votes, which are recorded, posted publicly, and take place in open3
meetings both in committees and on the floors of each chamber;4
(e) A fundamental component of the legislative process is a5
legislator's ability to understand other legislators' positions on a piece of6
legislation, which is inherently necessary to legislators' ability to7
successfully enact legislation into law;8
(f) The general assembly is distinct from any other state public9
body based on the volume and broad scope of the legislation it considers,10
the limited duration of its legislative sessions, and its large membership11
of one hundred legislators;12
(g) The policy-making function of the general assembly is13
furthered by the often informal, direct flow and sharing of information,14
research, and ideas between and among legislators concerning policy15
positions and legislation;16
(h) The caucus whips, a traditional position in legislative bodies,17
play a particularly important role in facilitating communication and18
information gathering concerning legislators' positions and votes on19
legislation, as do individual legislators who sponsor the legislation;20
(i) Several constitutional provisions grant power to and impose21
requirements on the general assembly and affect the manner in which the22
general assembly operates, including:23
(I) Section 20 of article V of the state constitution, often referred24
to as "GAVEL" or "Give a Vote to Every Legislator", which creates a25
transparent and open process for all legislation that is introduced in the26
general assembly by requiring that:27
157
-3- (A) Every introduced bill be assigned to a committee of reference;1
(B) The committee consider each bill assigned to the committee2
on its merits; and3
(C) The committee take formal action on each bill;4
(II) Section 22a of article V of the state constitution, which was5
initiated to prohibit legislators from requiring or committing themselves6
to a caucus position, ensuring autonomy for individual legislators and7
allowing for the free debate of the merits of matters pending before the8
general assembly throughout the legislative process;9
(III) Section 1 of article V of the state constitution, which vests10
the legislative power of the state in the general assembly, thereby11
establishing the plenary authority of the general assembly, which12
authority is restricted only by constitutional requirements or prohibitions;13
and14
(IV) Section 12 of article V of the state constitution, which vests15
each house of the general assembly with the power to determine the rules16
of its proceedings;17
(j) In addition to constitutional provisions that affect the18
procedures of the general assembly, various state laws also affect the19
general assembly, including the Colorado open meetings law set forth in20
part 4 of article 6 of title 24, Colorado Revised Statues;21
(k) While the general assembly is one of multiple state public22
bodies subject to the Colorado open meetings law, there has been23
considerable ambiguity about how to apply the law to the general24
assembly, largely stemming from a lack of clarity about what constitutes25
"public business";26
(l) Additionally, terminology in the Colorado open meetings law27
157
-4- is outdated and does not take into account how electronic1
communications have evolved to become a ubiquitous and necessary form2
of communication to any modern workplace, including for the general3
assembly;4
(m) The "Colorado Open Records Act", part 2 of article 72 of title5
24, Colorado Revised Statutes, governs access to physical and electronic6
public records of the general assembly, and all custodians of public7
records are required to make public records available pursuant to the8
terms of that act; and9
(n) The general assembly seeks to clarify key provisions and10
terminology in the Colorado open meetings law as it relates to the11
legislative procedures of the general assembly, acknowledging an interest12
in protecting the openness of, transparency of, and public inclusion in the13
legislative process.14
SECTION 2. In Colorado Revised Statutes, 24-6-402, add15
(2.5) as follows:16
24-6-402. Meetings - open to public - legislative declaration -17
definitions. (2.5) (a) FOR PURPOSES OF APPLYING SUBSECTIONS (2)(c)(I)18
AND (2)(d)(I) OF THIS SECTION TO A MEETING OF A STATE PUBLIC BODY OF19
THE GENERAL ASSEMBLY, A QUORUM MUST BE CONTEMPORANEOUS .20
(b) N
OTWITHSTANDING SUBSECTIONS (1)(b) AND (2)(d)(III) OF21
THIS SECTION, ANY FORM OF WRITTEN COMMUNICATION , ELECTRONIC OR22
OTHERWISE, EXCHANGED BY TWO OR MORE MEMBERS OF THE GENERAL23
ASSEMBLY IS NOT SUBJECT TO THIS PART 4, BUT ANY RECORDS OF THE24
COMMUNICATION ARE SUBJECT TO DISCLOSURE TO THE EXTENT REQUIRED25
BY THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE26
24.27
157
-5- (c) FOR PURPOSES OF THE APPLICATION OF THIS PART 4 TO THE1
GENERAL ASSEMBLY, "PUBLIC BUSINESS":2
(I) M
EANS:3
(A) I
NTRODUCED LEGISLATION, INCLUDING BILLS, RESOLUTIONS,4
AND MEMORIALS;
5
(B) P
ROPOSED LEGISLATION , WHICH INCLUDES A BILL ,
6
RESOLUTION, OR MEMORIAL, IF A DRAFT OF THE PROPOSED LEGISLATION7
PREPARED BY THE OFFICE OF LEGISLATIVE LEGAL SERVICES IS BEING8
DISCUSSED BY A QUORUM OF A STATUTORY COMMITTEE OR A COMMITTEE9
OF REFERENCE DURING A REGULAR OR SPECIAL LEGISLATIVE SESSION OF10
THE GENERAL ASSEMBLY OR BY A QUORUM OF ANY TYPE OF INTERIM11
COMMITTEE; OR12
(C) OTHER MATTERS BEFORE A STATUTORY COMMITTEE , ANY TYPE13
OF INTERIM COMMITTEE, OR A COMMITTEE OF REFERENCE; AND14
(II) D
OES NOT INCLUDE MATTERS THAT ARE BY NATURE15
INTERPERSONAL, ADMINISTRATIVE, OR LOGISTICAL OR THAT CONCERN16
PERSONNEL, PLANNING, PROCESS, TRAINING, OR OPERATIONS, IF THE17
MERITS OR SUBSTANCE OF MATTERS SET FORTH IN SUBSECTION (2.5)(c)(I)18
OF THIS SECTION ARE NOT DISCUSSED . AS USED IN THIS SUBSECTION19
(2.5)(c)(II), "
MERITS OR SUBSTANCE" HAS THE SAME MEANING AS SET20
FORTH IN SUBSECTION (2)(d)(III) OF THIS SECTION.21
SECTION 3. In Colorado Revised Statutes, 2-3-303, add (3)(i)
22
as follows:23
2-3-303. Functions - report - definitions. (3) (i) (I) (A) O
N OR
24
AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3)(i)(I)(A), BUT BEFORE25
D
ECEMBER 31, 2024, ON OR AFTER JANUARY 1, 2025, BUT BEFORE
26
D
ECEMBER 31, 2025, AND ON OR AFTER JANUARY 1, 2026, BUT BEFORE
27
157
-6- DECEMBER 31, 2026, THE EXECUTIVE COMMITTEE SHALL CONSIDER THE1
APPLICATION OF SECTION 24-6-402 TO THE GENERAL ASSEMBLY AT A2
MEETING OF THE EXECUTIVE COMMI TTEE . THE EXECUTIVE COMMITTEE3
SHALL ALLOW THE OPPORTUNITY TO RECEIVE PUBLIC COMMENT IN4
CONNECTION WITH THE MEETING .5
(B) T
HIS SUBSECTION (3)(i)(I) IS REPEALED, EFFECTIVE JULY 1,
6
2027.7
(II) O
N OR AFTER JANUARY 1, 2027, UPON REQUEST BY A MEMBER
8
OF THE EXECUTIVE COMMITTEE , THE EXECUTIVE COMMITTEE SHALL9
CONSIDER THE APPLICATION OF SECTION 24-6-402 TO THE GENERAL10
ASSEMBLY AT A MEETING OF THE EXECUTIVE COMMI TTEE . THE EXECUTIVE11
COMMITTEE SHALL ALLOW THE OPPORTUNITY TO RECEIVE PUBLIC12
COMMENT IN CONNECTION WITH THE MEETING .13
SECTION 4. Applicability. This act applies to meetings of the14
general assembly, state public bodies of the general assembly, and15
members of the general assembly occurring on or after the effective date16
of this act.17
SECTION 5. Safety clause. The general assembly finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety or for appropriations for20
the support and maintenance of the departments of the state and state21
institutions.22
157
-7-