University of Colorado School of Law Researching Colorado Legislative History Alan Pannell Reference Librarian University of Colorado Law Library SWALL.

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Presentation transcript:

University of Colorado School of Law Researching Colorado Legislative History Alan Pannell Reference Librarian University of Colorado Law Library SWALL Annual Meeting Legislation History Research April 7, 2006

University of Colorado School of Law State Legislative History Limitations of researching state legislative history No compiled legislative histories No print or electronic access to committee reports or debate transcripts Procedural research (e.g., tracking bill status) increasingly easier to do online Legislative intent is usually the most critical to researchers, but remains difficult to discover (especially for older laws)

University of Colorado School of Law Research Strategies Detective Work State statutes passed in recent years may include a brief statement of purpose in their first section Routine legislative actions taken on a bill may hold clues to what the lawmakers intended. Legislative intent may sometimes be found in the documents of related bills that were incorporated into the enacted statute. May be necessary to understand the state’s legislation process and the political climate of the year  How A Bill Becomes Colorado Law [Chart]

University of Colorado School of Law Legislative Audio Tapes Colorado State Archives 1973-Present Legislative committee hearings and floor debates are tape recorded and made available to the public (by appointment). May to need to determine bill number(s), year enacted, committee assignments, location of meeting, and time of discussion to locate appropriate tape. Because of technical difficulties and the deterioration of the tapes over the years, some of the sessions were not recorded or are inaudible. Specific statutory sections may not be referred to in legislative hearings.

University of Colorado School of Law Research Assistance Legislative History Compilation Research service will track down legislative components of a particular statute Includes committee hearings, committee prints, house and senate floor debates, and previous versions of a bill. Will send someone to the Colorado State Archives to listen and record audio recordings of committee hearings and legislative floor debates. Access Information

University of Colorado School of Law Legislative Resources Online Colorado General Assembly CO Revised Statutes Session Laws Bill Digest House/Senate Bills, Calendars, Journals, Resolutions, Fiscal Notes Ballot Issues/Initiatives Legislative Rules Prior Session Information Current Regular Session Information Audio Broadcasts of Current Proceedings Legislative Directory Legislator Home Pages

University of Colorado School of Law Statutory Research Colorado Revised Statutes Free LexisNexis search interface Includes brief annotations Legislative Drafting Manual olls/HTML/legislative_drafting_manual.htm

University of Colorado School of Law Statutory Construction CRS Common and technical usage Plain language and meaning CRS Intentions in the enactment of statutes Presumes constitutional compliance, just and reasonable result, feasibility, public interest, and harmony with other statutes. Statute must be construed to further the legislative intent evidenced by the entire statutory scheme. Two statutes concerning same subject matter should be read together. Title of a statute, though not dispositive of legislative intent, may be used as an aid in construing a statute. CRS Ambiguous statutes - aids in construction

University of Colorado School of Law Bill Tracking Colorado Session Laws 1993-Present Allows tracking of language changes over time May contain brief statement of bill’s purpose Consider contacting the bill sponsor regarding intent Digest of Bills 1994 – 2005 (including extraordinary sessions) Summarizes major provisions of each bill passed or amended during previous session Arranged by subject index

University of Colorado School of Law Other Resources Office of Legislative Legal Services Maintains complete legislative records on bills, resolutions, and memorials, along with law summaries. Colorado Legislative Council Research publications include issue briefs ( ) Newspapers Denver Post Rocky Mountain News LexisNexis and Westlaw LexisNexis: COALS Westlaw: CO-LEGIS

University of Colorado School of Law CO Legislative History Guides Colorado Legislative History (University of Denver College of Law Library) Finding Colorado Legislative History (University of Colorado Law School Library) Legislative Records (Colorado State Archives) Researching Colorado Statutes (University of Colorado at Colorado Springs) Researching Legislative History (Office of Legislative Legal Services) Uncovering Colorado Legislative Law-making and Legislative Intent (U Penn Law Library) Uncovering Legislative History in Colorado (Colorado Association of Law Libraries - COALL)

University of Colorado School of Law Contact Info Alan K. Pannell Reference Librarian University of Colorado Law Library Campus Box 402 Boulder, CO Phone: (303) Fax: (303) CU Document Delivery Service