The executive committee of the Legislative Council, the six legislative leaders of the Colorado General Assembly, met Tuesday afternoon to figure out what to do next.

But they stumbled over whether they have the authority to move forward on certain actions, based on whether or not Gov. Jared Polis had issued an executive order declaring a state of emergency. 

Polis held a news conference Tuesday morning to make that announcement, but according to Sharon Eubanks, director of the General Assembly’s legal services office, the executive order was issued verbally, which she called “unusual.”

She pointed out that executive orders have been issued verbally in the past, usually dealing with things like snowstorms. But former Gov. John Hickenlooper issued 121 emergency declarations, all in written form, she said. 

This type of emergency seems to require more notification, given that the General Assembly has the authority to revoke a declaration, she said. 

What’s at issue: whether the governor’s declaration triggers what’s known as Joint Rule 44, which governs what the General Assembly does when an emergency has been declared due to public health concerns, as is the case with Polis’ declaration, which is tied to the outbreak of the novel coronavirus, also known as COVID-19.

Senate Minority Leader Chris Holbert of Parker indicated he’d prefer to see the executive order in writing, to ensure the General Assembly has the authority to proceed under the state Constitution. 

Polis’ legal counsel, Jackie Cooper Melmed, told the committee that the governor will issue a written executive order in the coming days. 

Among the big questions the executive committee may have to address: what to do with the remaining 57 days on the legislative calendar. The Constitution requires the General Assembly meet for 120 days, but is silent on whether that’s consecutive days. Eubanks said joint rules in place since 1983 have said those 120 days have to be consecutive, but those rules can be changed.

And if Joint Rule 44 is triggered, that allows the General Assembly to recess for more than three days, which Holbert said might be tied to public health and safety.

Holbert and Minority Leader Patrick Neville of Castle Rock both explained that they do not want to bar the public from the Capitol, and the only reason to do so would be if the legislature were to recess.

Once the General Assembly returns after a recess – called for purposes of public health – the legislative calendar would resume without any loss of legislative days. For example, if the legislature recessed on day 63, the next day they convened, even if it were days or weeks later, would be day 64.

There are two bills that must be completed by June 30 and under Joint Rule 44: the annual state budget and the annual School Finance Act. House Majority Leader Alec Garnett of Denver added that the rule review bill, which puts into law rules adopted by state agencies, also must be completed, and that has a deadline of May 15. 

Any other bills introduced by lawmakers would just be suspended “in place” until the General Assembly reconvenes.

Another issue is what to do with the upcoming revenue forecasts, which are due to be presented on March 17. The statute requires only that the governor’s forecast, which is completed by the Office of State Planning and Budgeting, be presented on or near March 20.

Joint Budget Committee staff director Carolyn Kampmann said that the forecast developed by the Legislative Council economists could be presented when the legislature comes back, if they recess for a period.

Then there’s what to do about public testimony on bills – a concern raised by the Republican leaders. Eubanks said that while the law requires House and Senate hearings to be public, it is up to committee chairs on decide on whether to allow public testimony.

Holbert said that should it come to it, the only option to reduce exposure to the virus in the state Capitol is to adjourn the General Assembly for a week, especially since the 120-day clock allows them to go outside of consecutive days. 

It doesn’t take away the ability of the public to testify on bills, he said. That would just happen at a later date. 

The committee adjourned without taking any formal action. 

On Wednesday at 7:30 a.m., the Legislative Emergency Preparedness, Response, and Recovery Committee, also known as LEPRRC, will meet at the Capitol. That committee, which includes lawmakers and other legislative staff, is  authorized to convene, in the event of an emergency epidemic or Governor-declared disaster emergency, “as rapidly and as often as necessary” to advise the Speaker, the President, and the legislative service agencies on “reasonable and appropriate measures to be taken by the General Assembly and the legislative service agencies to respond to and recover from the emergency epidemic or disaster and to protect public health.”

The LEPRRC, which has the unfortunate nickname of “leprosy,” also develops the legislature’s continuity of operations plan, which was reviewed by the executive committee last week.