Given events in Ukraine, it’s an appropriate time to think about our own state’s democracy and how it functions. Two GOP bills would increase transparency and access to political decision-making. One bill, HB22-1096 on drafting legislation sponsored by Rep. Stephanie Luck, has already been killed in the House State, Civic, Military and Veterans Affairs committee. The other bill, HB22-1161 sponsored by Rep. Andres Pico on electing agency commissioners, will probably be killed Wednesday, March 3 in the same committee.

HB22-1096 required returning legislators to post drafts of their five allowed bills forty days before the beginning of the General Assembly. The goal of the bill was to increase transparency in drafting legislation so individuals could communicate with legislators early in the bill-writing process.

Rep. Luck in her presentation to the House committee noted that too often citizens find out about bills affecting their circumstances too late to make a difference in the outcomes. She notes that legislators will work with “stakeholders” on bills of interest, generally to negotiate agreement on bill content. The current system allows these negotiations to occur out of sight, out of mind of citizens who aren’t in the loop.

As Rep. Luck said, she too frequently finds out about bills important to her through the “loose lips” of lobbyists rather than from her colleagues. This treatment puts out-of-the-loop legislators, as well as citizens, at a disadvantage when dealing with legislation. Once bills are introduced and arrive in committee, it’s difficult to amend or otherwise influence bill content.

No Democrat on the House committee supported Luck’s bill although they universally support “transparency.” They cited potential threats to bill drafters, the difficulty of negotiating legislation with too many eyeballs watching, and hardship on legislators to meet the bill’s aggressive deadlines among other factors. Luck countered that the bill wasn’t written to make the process easier for legislators. It was written to make the process more transparent for the public.

Luck offered to reduce the time frames and allow legislators to simply put up a notice of a bill subject, such as “elections” or “taxes” as a means of informing the public. She did receive an offer from Democratic Rep. Jennifer Bacon to be a “thought partner” on possible future legislation.

Committee Chair Chris Kennedy speculated that the bill might cause consequences opposite of the legislation’s intention by giving lobbyists more time to oppose bills. He said he uses the drafting process as a “brainstorming” opportunity to shape ideas. HB22-1096 might undercut that openness.

According to Luck, the League of Women’s Voters wanted the bill amended to require legislators to reveal bill amendments before they’re offered in committee so the public would have a chance to review them sooner. That’s not going to happen because HB22-1096 lost 7-to-4 on party-line votes.

Rep. Pico’s bill, Requiring the Election of Certain Commissioners, would bring democracy to commissions that currently are run by governor-appointed commissioners with Senate approval. The elections would include the Commissioner of Insurance, the voting members of the Colorado Oil and Gas Conservation Commission (COGCC), members of the Air Quality Control Commission (AQCC) and members of the Public Utilities Commission.

The stickler to the legislation, in addition to a radical change in how commissions operate in Colorado, is that the commissioner’s oath of office would prioritize “energy reliability” and “lower consumer costs.” Pico apparently believes that current appointed commissioners short- change those priorities.

Pico should look more closely. The appointed and well-paid COGCC Commissioners with Jeff Robbins as chair have recently found ways to enable the fossil fuel industry to continue drilling even in the case of oil pads closer to homes than allowed by SB19-181.

The appointed AQCC members have completed the permit process related to the Suncor Refinery near the Interstate-70, I-25, and I-270 interchanges. It is one of the largest emitters of greenhouse gases and other harmful chemicals in the state. The federal Environmental Protection Agency now has 45 days to review and make changes to the permit, at which time it will be issued.

If the commissioners were elected, these outcomes might be different. Rep. Pico might not like the results, but climate change might receive the “hair on fire” urgency scientists say it deserves.

Paula Noonan owns Colorado Capitol Watch, the state’s premier legislature tracking platform.