SB 24-157

Senate Bill 24-157 updates Colorado's Open Meetings Law for the state legislature. It clarifies that a quorum of legislators must be present at the same time for meetings to count under this law and ensures that written communications between lawmakers are private but any records of these communications can still be disclosed as required by other transparency laws. The bill also defines what constitutes "public business" in legislative contexts, specifying that certain types of discussions about proposed or introduced legislation must be open to the public while excluding personal or administrative matters from this requirement. This law took effect on March 12, 2024, after being signed by the governor, meaning it is now active and enforceable.

Official Summary

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 of the meeting be taken and promptly recorded. The act makes several changes and clarifications concerning the application of the COML to the general assembly and its members. Specifically, the act 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 act establishes that written communications, 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 act also defines "public business", for purposes of the application of the COML to the general assembly, as introduced legislation, proposed legislation, 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 committee of reference during a regular or special legislative session or by a quorum of any type of interim committee, or other matters before a statutory committee, any type of interim committee, or a committee of reference. Introduced legislation and proposed legislation includes a bill, resolution, and memorial. 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. Additionally, in 2024, 2025, and 2026, the executive committee of the legislative council shall consider at a meeting the application of the COML to the general assembly, and there must be the opportunity for public comment to be received in connection with the meeting. On or after January 1, 2027, such a meeting shall be held upon the request of a member of the executive committee of the legislative council. APPROVED by Governor March 12, 2024 EFFECTIVE March 12, 2024(Note: This summary applies to this bill as enacted.)

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