Amendments for HB23-1259
House Journal, April 10
5 Amend printed bill, page 4, line 2, after "NOTICE" insert "THAT IS".
6
7 Page 4, line 9, after "SECTION." insert "DETERMINING IF THE PERSON'S
8 CHALLENGE CAN BE RESOLVED INCLUDES WORKING TOGETHER TO
9 DEVELOP A SOLUTION TO THE DEFICIENCY OF THE PRIOR ANNOUNCEMENT
10 OF THE EXECUTIVE SESSION THAT IS ALLEGED TO BE IN VIOLATION OF
11 SUBSECTION (4) OF THIS SECTION TO ADDRESS THE PERSON'S CHALLENGE
12 AND COMPLY WITH THE REQUIREMENTS OF SUBSECTION (4) OF THIS
13 SECTION.".
14
15 Page 4, strike lines 10 through 13 and substitute:
16
17 "(c) CURING AN ALLEGED VIOLATION OF SUBSECTION (4) OF THIS
18 SECTION IS A BAR TO ANY ACTION AGAINST A LOCAL PUBLIC BODY
19 CONCERNING THE SAME ALLEGED VIOLATION OF SUBSECTION (4) OF THIS
20 SECTION. IF A PERSON FILES A CHALLENGE PURSUANT SUBSECTION (9) OF
21 THIS SECTION AND THE LOCAL PUBLIC BODY RAISES THE ISSUE OF CURING
22 THE ALLEGED VIOLATION BEFORE OR AFTER THE COMMENCEMENT OF
23 DISCOVERY, THE COURT SHALL SUSPEND DISCOVERY UNLESS THE
24 DISCOVERY IS NECESSARY TO DECIDE THE ISSUE OF CURING THE ALLEGED
25 VIOLATION, AND THE COURT SHALL DECIDE SUCH ISSUE ON MOTION BY THE
26 LOCAL PUBLIC BODY. THE COURT'S DECISION ON SUCH MOTION IS A FINAL
27 JUDGMENT AND IS SUBJECT TO INTERLOCUTORY APPEAL.".
28
29 Reletter succeeding paragraph accordingly.
House Journal, April 13
45 Amendment No. 1, State, Civic, Military, & Veterans Affairs Report,
46 dated April 10, 2023, and placed in member's bill file; Report also printed
47 in House Journal, April 10, 2023.
48
49 Amendment No. 2, by Representative Evans:
50
51 Amend State, Civic, Military, and Veterans Affairs Committee Report,
52 dated April 10, 2023, page 1, strike lines 9 through 21 and substitute:
53
54 "Page 4 of the bill, strike lines 10 through 13.".
55
56
2023 Page 1176 House Journal--95th Day--April 13,
1 Amendment No. 3, by Representative Evans:
2
3 Amend printed bill, page 2, line 2, strike "add (4.5)" and substitute
4 "amend (9)(b); and add (4.5) and (9)(c)".
5
6 Page 4, lines 17 and 18, strike "THAT THE PERSON FAILED TO COMPLY
7 WITH THE REQUIREMENTS OF SUBSECTION (4.5)(b) of THIS SECTION OR".
8
9 Page 4, after line 21 insert:
10 (9) (b) The courts of record of this state shall have jurisdiction to
11 issue injunctions to enforce the purposes of this section upon application
12 by any citizen of this state. EXCEPT AS OTHERWISE PROVIDED IN
13 SUBSECTION (9)(c) OF THIS SECTION, in any action in which the court finds
14 a violation of this section, the court shall award the citizen prevailing in
15 such action costs and reasonable attorney fees. In the event the court does
16 not find a violation of this section, it shall award costs and reasonable
17 attorney fees to the prevailing party if the court finds that the action was
18 frivolous, vexatious, or groundless.
19 (c) A PRO SE PLAINTIFF IN AN ACTION CHALLENGING A LOCAL
20 PUBLIC BODY FOR A VIOLATION OF SUBSECTION (2)(d.5)(II) OR (4) OF THIS
21 SECTION OR FOR A VIOLATION OF SUBSECTION (2)(d)(II) OF THIS SECTION
22 ONLY AS IT RELATES TO AN EXECUTIVE SESSION HELD AT A MEETING, IS
23 NOT ENTITLED TO AN AWARD OF COSTS OR ATTORNEY FEES, NOR MAY
24 COSTS OR ATTORNEY FEES BE ASSESSED AGAINST A PRO SE PLAINTIFF
25 UNLESS OTHERWISE ALLOWED BY SUBSECTION (9)(b) OF THIS SECTION.".
26
27 Amendment No. 4, by Representative Ortiz:
28
29 Amend printed bill, page 3, after line 19 insert:
30
31 "(V) NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION
32 (4.5), A LOCAL PUBLIC BODY DOES NOT HAVE THE RIGHT TO CURE A
33 FAILURE TO PROPERLY ANNOUNCE AN EXECUTIVE SESSION THAT IS IN
34 VIOLATION OF SUBSECTION (4) OF THIS SECTION FOR A PURPOSE
35 AUTHORIZED BY SUBSECTION (4)(a), (4)(b), (4)(c), (4)(d), (4)(e), (4)(f),
36 (4)(g), (4)(h), OR (4)(i) OF THIS SECTION IF THE VIOLATION IS THE THIRD
37 VIOLATION COMMITTED BY THE LOCAL PUBLIC BODY IN FAILING TO
38 PROPERLY ANNOUNCE AN EXECUTIVE SESSION AUTHORIZED BY THE SAME
39 SUBSECTION (4)(a), (4)(b), (4)(c), (4)(d), (4)(e), (4)(f), (4)(g), (4)(h), OR
40 (4)(i) OF THIS SECTION WITHIN A ONE-YEAR PERIOD FROM THE FIRST
41 VIOLATION.".
42
43 As amended, ordered engrossed and placed on the Calendar for Third
44 Reading and Final Passage.
45
Senate Journal, April 28
After consideration on the merits, the Committee recommends that HB23-1259 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 4, strike line 27.
Page 5, strike lines 1 through 6.
Page 1, line 105, strike "SESSION," and substitute "SESSION AND".
Page 1, line 107, strike "SESSION, AND" and substitute "SESSION.".
Page 1, strike lines 108 through 111.
Senate Journal, May 1
HB23-1259 by Representative(s) Daugherty and Evans; also Senator(s) Zenzinger and Simpson--
Concerning provisions in the open meetings law for an executive session of a local public
body, and, in connection therewith, creating a local public body's right to cure a violation of
the open meetings law for an executive session, adding prerequisites for a person to
challenge a violation by a local public body of the open meetings law for an executive
session, and permitting a local public body to recover costs and attorney fees in an action
for a violation by a local public body of the executive session provisions if the local
public body has cured the violation.
Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate journal, April 28, page(s) 1186, was lost.)
Amendment No. 2(L.008), by Senator Zenzinger.
Amend reengrossed bill, page 2, line 3, strike "(4.5) and".
Page 2, strike "(4.5) (a) (I) A LOCAL PUBLIC BODY HAS THE RIGHT TO CURE".
Page 2, strike lines 6 through 8.
Strike pages 3 and 4.
Page 5, strike lines 1 through 6.
Page 5, line 23, strike "challenges to a".
Page 5, strike line 24 and substitute "actions challenging a local public body for
a violation of section 24-6-402 (2)(d.5)(II) or (4), C.R.S., or for a violation of
section 24-6-402 (2)(d)(II), C.R.S., only as it relates to an executive session
held at a meeting brought".
Page 1, strike lines 103 through 111 and substitute "CONNECTION THEREWITH,
PROHIBITING AN AWARD OF COSTS OR ATTORNEY FEES IN CERTAIN
CIRCUMSTANCES IN AN ACTION CHALLENGING A LOCAL PUBLIC BODY FOR A
VIOLATION OF THE OPEN MEETINGS LAW RELATED TO AN EXECUTIVE
SESSION.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.