Legislative Committee Testimony Required Oath

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1149 LLS NO. 26-0517.01 Conrad Imel x2313 HOUSE SPONSORSHIP Winter T., SENATE SPONSORSHIP Pelton B., House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT CONCERNING REQUIRING A WITNESS TO TAKE AN OATH IN ORDER TO PROVIDE TESTIMONY TO A LEGISLATIVE COMMITTEE.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill requires a person testifying before a legislative committee to provide the testimony under oath.

Be it enacted by the General Assembly of the State of Colorado: Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

SECTION 1. In Colorado Revised Statutes, add 2-2-315.5 as follows: 2-2-315.5. Witnesses testimony before committee - oath and affirmation required - definitions. (1) BEFORE TESTIFYING BEFORE A COMMITTEE OF THE GENERAL ASSEMBLY, A PERSON SHALL TAKE THE FOLLOWING OATH:

"THE TESTIMONY I WILL PROVIDE TO THIS LEGISLATIVE COMMITTEE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT KNOWINGLY MAKING A MATERIALLY FALSE STATEMENT DURING TESTIMONY MAY CONSTITUTE PERJURY IN THE FIRST DEGREE AND MAY RESULT IN CRIMINAL PROSECUTION."

(2) BEFORE A PERSON TESTIFIES BEFORE A COMMITTEE, THE CHAIR OF THE COMMITTEE SHALL ADMINISTER THE OATH DESCRIBED IN SUBSECTION (1) OF THIS SECTION TO THE PERSON.

(3) THIS SECTION DOES NOT APPLY TO:

(a) A MEMBER OF THE GENERAL ASSEMBLY WHO SPEAKS AT A COMMITTEE MEETING, REGARDLESS OF WHETHER THE MEMBER OF THE GENERAL ASSEMBLY IS A MEMBER OF THE COMMITTEE, AND NOTHING IN THIS SECTION INFRINGES ON A MEMBER'S SPEECH THAT IS PROTECTED BY THE SPEECH-OR-DEBATE CLAUSE, SECTION 16 OF ARTICLE V OF THE STATE CONSTITUTION;

(b) AN EMPLOYEE OF THE HOUSE OF REPRESENTATIVES, THE SENATE, OR A LEGISLATIVE SERVICE AGENCY, TESTIFYING OR OTHERWISE PRESENTING TO A COMMITTEE WITHIN THE SCOPE OF THE EMPLOYEE'S DUTIES; OR

(c) A PERSON PRESENTING OR TESTIFYING TO A COMMITTEE UNDER CIRCUMSTANCES IN WHICH THE COMMITTEE'S REGULAR PRACTICE DOES NOT REQUIRE THE PERSON TO SIGN UP BEFORE PRESENTING OR TESTIFYING TO THE COMMITTEE, INCLUDING A REPRESENTATIVE OF A DEPARTMENT PRESENTING TO A COMMITTEE AS PART OF THE DEPARTMENT'S PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY

SECTION 2-7-203 OR PRESENTING TO THE JOINT BUDGET COMMITTEE AS PART OF A BUDGET HEARING.

(4) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "COMMITTEE" MEANS A COMMITTEE COMPRISED SOLELY OF MEMBERS OF THE GENERAL ASSEMBLY THAT TAKES PUBLIC TESTIMONY, INCLUDING A COMMITTEE THAT IS ESTABLISHED IN STATE LAW OR BY A RULE OF THE HOUSE OF REPRESENTATIVES OR SENATE OR JOINT RULE OF THE SENATE AND HOUSE OF REPRESENTATIVES OR AN INTERIM COMMITTEE CREATED PURSUANT TO SECTION 2-3-303.3.

(b) "LEGISLATIVE SERVICE AGENCY" MEANS THE LEGISLATIVE COUNCIL STAFF, OFFICE OF LEGISLATIVE LEGAL SERVICES, OFFICE OF THE STATE AUDITOR, OR STAFF OF THE JOINT BUDGET COMMITTEE.

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.