Not a CBA Member? Join Now!
Find A Lawyer Directory
Legal Directory

Legislative Guidelines and Procedures

It is the function of the director of legislative relations to promote or oppose the passage of legislation previously reviewed by the Board of Governors or the Legislative Policy Committee.

The CBA can have two functions with regard to legislation: "sponsorship" and "support."

"Sponsorship" of legislation implies extensive study and review by the sections and committees of the CBA. The term also assumes that ultimate responsibility for the legislation rests with the CBA with regard to solicitation of legislators to carry the bill and scheduling of witnesses and lobbying to ensure its passage.

"Support" implies a less extensive review process given the time constraints of the legislative process. It also assumes that affected sections and committees have been notified and given the opportunity to respond. The term implies CBA involvement which is limited to scheduling of witnesses and lobbying, but not to ultimate responsibility for the bill.

The CBA will not "sponsor" any bill without debate and approval by the Board of Governors. The Legislative Policy Committee is, however, empowered to authorize the director of legislative relations to "support" or "oppose" a bill without prior approval of the board. Legislation sponsored by the CBA should be fully and fairly debated, prioritized and approved by an informed Board of Governors before it can become a CBA-sponsored bill. Regarding the submission of proposed legislation to be considered by the Board of Governors, committees and sections of the CBA will be governed by the following rules:

    A. A bill which is a candidate for CBA sponsorship must be submitted in final form to the director of legislative relations no later than August 1 of the year preceding introduction into the legislature. In addition, a short summary of the intent of the legislation (what it will accomplish, what impact it will have in other substantive areas, arguments for this summary) will serve to alert the board to areas of potential controversy and to outline the preparatory work done on the bill.

    B. Bills proposed for sponsorship will then be submitted to the Legislative Policy Committee ("LPC") prior to board consideration. The deadline mentioned above may be waived by the LPC for good cause.

    C. Each committee or section of the association which has submitted a bill to the board shall be represented by at least one of its members at both the LPC meeting and the board meeting for the purpose of explaining the bill and answering questions.

    D. "Final form" as used above means:

      1. Conflicts within the proposing committee or section concerning the bill have been resolved or identified.

      2. The proposal has been approved by the committee or section in accordance with that body's internal legislative policy. In the absence of such a policy, a proposal from a section must receive a 2/3 vote of the section membership or council.

      3. The proposing committee or section has given full information on the bill to, and requested action from, any other sections, committees and third parties which may have an interest in the bill. The director of legislative relations can assist in this effort.

      4. The proposed bill has been drafted in a form which will comply with the requirements of the Colorado General Assembly.

    E. The LPC shall have the authority to direct the director of legislative relations to support or oppose any legislation not previously considered at a meeting of the board, but such authority shall be exercised with reservation. The authority shall generally apply, however, to bills submitted to the legislature by outside parties not subject to these rules, and shall apply to bills of interest to the CBA which were not available for discussion at a prior board meeting. The authority shall also apply to amendments submitted during the course of a legislative session to a bill on which the CBA has previously taken a position.

    F. Upon prior approval of the Legislative Policy Committee and in strict conformance with these guidelines, individual sections may be permitted to contract with outside lobbyists at the expense of the section to work on CBA-sponsored or supported bills from time to time as may be directed by the LPC. In no event shall a section be permitted to contract with an outside lobbyist without prior LPC approval of the contract and the subject matter to be addressed by the contract lobbyist. In addition, any such contract lobbyist shall work directly with the CBA's director of legislative relations to coordinate efforts and identify possible conflicts within the CBA. In no case shall a section be permitted to contract with a lobbyist to work on legislation not previously considered and approved by the CBA in conformance with these guidelines.

    G. Legislation Generated Outside of the CBAWith regard to legislation introduced by persons not subject to these legislative guidelines and procedures, the LPC may take any of the following courses of action, as appropriate:

      1. If the legislation is not the subject of conflict among two or more sections or committees and if one or more sections or committees have taken a position of support or opposition with respect to the legislation, the LPC may either:

        A. Adopt that position as the position of the CBA, or

        B. Take on behalf of the CBA, no position on the legislation, or

        C. Oppose the legislation.

      2. If any of the circumstances described below exist, the LPC may determine to take no position on behalf of the CBA or permit one or more of the sections or committees to take positions in the names of the sections or committees but not on behalf of the CBA. The circumstances referred to are as follows:

        A. A position by the CBA as a whole would be unnecessary or inappropriate and other sections or committees do not disagree with the position of the proposing section or committee.

        B. The legislation engenders conflict among two or more sections or committees and the consideration of the legislation by the general assembly is likely to be more fully informed and complete if the divergent position of the interested sections and committees are presented to it.

        No section or committee may take a position on legislation unless authorized by the LPC.

        In order to effectuate the intention of this paragraph, the director of legislative relations will endeavor to disseminate to all interested sections and committees the agendas for all LPC meetings to allow divergent positions to be heard.