Update: The Colorado Senate voted 29-5 to pass the amended version of HB 23-1259 on Tuesday, May 2.

The strike-below amendment to House Bill 23-1259, similar to language suggested by the Colorado Freedom of Information Coalition, removed portions of the bill that would have allowed school boards and other local public bodies to “cure” an executive session-announcement violation of the Colorado Open Meetings Law at a subsequent meeting. To have legal standing to challenge a violation under the deleted language, a person would have had to provide written notice at least 14 days before a regular meeting of the public body.

The original version of the bill also required plaintiffs to pay the costs and attorney fees of local public bodies they unsuccessfully sue over executive session violations — a provision removed by a Senate committee last week.

In an email to senators Monday, CFOIC pointed out that a lawsuit filed by six news organizations Friday asks a judge to invalidate a five-hour March 23 executive session convened by the Denver school board in part because the board did not announce to the public it would be discussing behind closed doors the district’s safety policy and the reinstatement of police officers in schools. The lawsuit also alleges the DPS board violated the open meetings law by making a policy decision in secret, the day after a shooting at East High School.