SENATE BILL 24-157
BY SENATOR(S) Fenberg, Buckner, Coleman, Cutter, Exum, Fields,
Hansen, Hinrichsen, Michaelson Jenet, Priola, Rodriguez, Gonzales,
Jaquez Lewis, Marchman, Sullivan;
also REPRESENTATIVE(S) McCluskie and deGruy Kennedy, Amabile,
Bird, Boesenecker, Daugherty, Duran, Froelich, Garcia, Jodeh, Lindsay,
Lindstedt, McCormick, McLachlan, Sirota, Snyder, Titone, Bacon, English,
Herod, Kipp, Ortiz, Ricks.
C
ONCERNING CLARIFYING THE APPLICATION OF THE COLORADO OPEN
MEETINGS LAW TO THE
COLORADO GENERAL ASSEMBLY .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) The United States and Colorado constitutions each create
tripartite systems of government centered around representative legislative
bodies, which our founders envisioned would arrive at sound policy through
deliberation of the needs and values of their constituents;
(b) Legislators take an oath of office to faithfully fulfill the duties
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. of their position, which calls upon them to craft policy, establish the state
budget, vote on legislation, and provide oversight of state departments;
(c) The general assembly commits to ensuring open access to the
deliberation of public business and the formation of public policy because
the democratic process necessitates transparent discourse on policy matters
of statewide importance;
(d) The general assembly considers legislation through a dynamic,
iterative process, the outcome of which is determined by legislators' votes,
which are recorded, posted publicly, and take place in open meetings both
in committees and on the floors of each chamber;
(e) A fundamental component of the legislative process is a
legislator's ability to understand other legislators' positions on a piece of
legislation, which is inherently necessary to legislators' ability to
successfully enact legislation into law;
(f) The general assembly is distinct from any other state public body
based on the volume and broad scope of the legislation it considers, the
limited duration of its legislative sessions, and its large membership of one
hundred legislators;
(g) The policy-making function of the general assembly is furthered
by the often informal, direct flow and sharing of information, research, and
ideas between and among legislators concerning policy positions and
legislation;
(h) The caucus whips, a traditional position in legislative bodies,
play a particularly important role in facilitating communication and
information gathering concerning legislators' positions and votes on
legislation, as do individual legislators who sponsor the legislation;
(i) Several constitutional provisions grant power to and impose
requirements on the general assembly and affect the manner in which the
general assembly operates, including:
(I) Section 20 of article V of the state constitution, often referred to
as "GAVEL" or "Give a Vote to Every Legislator", which creates a
transparent and open process for all legislation that is introduced in the
PAGE 2-SENATE BILL 24-157 general assembly by requiring that:
(A) Every introduced bill be assigned to a committee of reference;
(B) The committee consider each bill assigned to the committee on
its merits; and
(C) The committee take formal action on each bill;
(II) Section 22a of article V of the state constitution, which was
initiated to prohibit legislators from requiring or committing themselves to
a caucus position, ensuring autonomy for individual legislators and allowing
for the free debate of the merits of matters pending before the general
assembly throughout the legislative process;
(III) Section 1 of article V of the state constitution, which vests the
legislative power of the state in the general assembly, thereby establishing
the plenary authority of the general assembly, which authority is restricted
only by constitutional requirements or prohibitions; and
(IV) Section 12 of article V of the state constitution, which vests
each house of the general assembly with the power to determine the rules
of its proceedings;
(j) In addition to constitutional provisions that affect the procedures
of the general assembly, various state laws also affect the general assembly,
including the Colorado open meetings law set forth in part 4 of article 6 of
title 24, Colorado Revised Statues;
(k) While the general assembly is one of multiple state public bodies
subject to the Colorado open meetings law, there has been considerable
ambiguity about how to apply the law to the general assembly, largely
stemming from a lack of clarity about what constitutes "public business";
(l) Additionally, terminology in the Colorado open meetings law is
outdated and does not take into account how electronic communications
have evolved to become a ubiquitous and necessary form of communication
to any modern workplace, including for the general assembly;
(m) The "Colorado Open Records Act", part 2 of article 72 of title
PAGE 3-SENATE BILL 24-157 24, Colorado Revised Statutes, governs access to physical and electronic
public records of the general assembly, and all custodians of public records
are required to make public records available pursuant to the terms of that
act; and
(n) The general assembly seeks to clarify key provisions and
terminology in the Colorado open meetings law as it relates to the
legislative procedures of the general assembly, acknowledging an interest
in protecting the openness of, transparency of, and public inclusion in the
legislative process.
SECTION 2. In Colorado Revised Statutes, 24-6-402, add (2.5) as
follows:
24-6-402. Meetings - open to public - legislative declaration -
definitions. (2.5) (a) F
OR PURPOSES OF APPLYING SUBSECTIONS (2)(c)(I)
AND (2)(d)(I) OF THIS SECTION TO A MEETING OF A STATE PUBLIC BODY OF
THE GENERAL ASSEMBLY
, A QUORUM MUST BE CONTEMPORANEOUS .
(b) N
OTWITHSTANDING SUBSECTIONS (1)(b) AND (2)(d)(III) OF THIS
SECTION
, ANY FORM OF WRITTEN COMMUNICATION , ELECTRONIC OR
OTHERWISE
, EXCHANGED BY TWO OR MORE MEMBERS OF THE GENERAL
ASSEMBLY IS NOT SUBJECT TO THIS PART
4, BUT ANY RECORDS OF THE
COMMUNICATION ARE SUBJECT TO DISCLOSURE TO THE EXTENT REQUIRED BY
THE
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24.
(c) F
OR PURPOSES OF THE APPLICATION OF THIS PART 4 TO THE
GENERAL ASSEMBLY
, "PUBLIC BUSINESS":
(I) M
EANS:
(A) I
NTRODUCED LEGISLATION, INCLUDING BILLS, RESOLUTIONS, AND
MEMORIALS
;
(B) P
ROPOSED LEGISLATION, WHICH INCLUDES A BILL, RESOLUTION,
OR MEMORIAL, IF A DRAFT OF THE PROPOSED LEGISLATION PREPARED BY THE
OFFICE OF LEGISLATIVE LEGAL SERVICES IS BEING DISCUSSED BY A QUORUM
OF A STATUTORY COMMITTEE OR A COMMITTEE OF REFERENCE DURING A
REGULAR OR SPECIAL LEGISLATIVE SESSION OF THE GENERAL ASSEMBLY OR
BY A QUORUM OF ANY TYPE OF INTERIM COMMITTEE
; OR
PAGE 4-SENATE BILL 24-157 (C) OTHER MATTERS BEFORE A STATUTORY COMMITTEE , ANY TYPE
OF INTERIM COMMITTEE
, OR A COMMITTEE OF REFERENCE; AND
(II) DOES NOT INCLUDE MATTERS THAT ARE BY NATURE
INTERPERSONAL
, ADMINISTRATIVE, OR LOGISTICAL OR THAT CONCERN
PERSONNEL
, PLANNING, PROCESS, TRAINING, OR OPERATIONS, IF THE MERITS
OR SUBSTANCE OF MATTERS SET FORTH IN SUBSECTION
(2.5)(c)(I) OF THIS
SECTION ARE NOT DISCUSSED
. AS USED IN THIS SUBSECTION (2.5)(c)(II),
"
MERITS OR SUBSTANCE " HAS THE SAME MEANING AS SET FORTH IN
SUBSECTION
(2)(d)(III) OF THIS SECTION.
SECTION 3. In Colorado Revised Statutes, 2-3-303, add (3)(i) as
follows:
2-3-303. Functions - report - definitions. (3) (i) (I) (A) O
N OR
AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(3)(i)(I)(A), BUT BEFORE
DECEMBER 31, 2024, ON OR AFTER JANUARY 1, 2025, BUT BEFORE
DECEMBER 31, 2025, AND ON OR AFTER JANUARY 1, 2026, BUT BEFORE
DECEMBER 31, 2026, THE EXECUTIVE COMMITTEE SHALL CONSIDER THE
APPLICATION OF SECTION
24-6-402 TO THE GENERAL ASSEMBLY AT A
MEETING OF THE EXECUTIVE COMMITTEE
. THE EXECUTIVE COMMITTEE
SHALL ALLOW THE OPPORTUNITY TO RECEIVE PUBLIC COMMENT IN
CONNECTION WITH THE MEETING
.
(B) T
HIS SUBSECTION (3)(i)(I) IS REPEALED, EFFECTIVE JULY 1, 2027.
(II) O
N OR AFTER JANUARY 1, 2027, UPON REQUEST BY A MEMBER OF
THE EXECUTIVE COMMITTEE
, THE EXECUTIVE COMMITTEE SHALL CONSIDER
THE APPLICATION OF SECTION
24-6-402 TO THE GENERAL ASSEMBLY AT A
MEETING OF THE EXECUTIVE COMMITTEE
. THE EXECUTIVE COMMITTEE
SHALL ALLOW THE OPPORTUNITY TO RECEIVE PUBLIC COMMENT IN
CONNECTION WITH THE MEETING
.
SECTION 4. Applicability. This act applies to meetings of the
general assembly, state public bodies of the general assembly, and members
of the general assembly occurring on or after the effective date of this act.
SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 5-SENATE BILL 24-157 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 24-157