SENATE Amended 2nd Reading May 10, 2010Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO CORRECTED REENGROSSED LLS NO. R10-0905.02 Ed DeCecco SCR10-003 SENATE SPONSORSHIP Tapia, Heath, Penry, Boyd, Hodge, Keller, Kester, Romer, Shaffer B. HOUSE SPONSORSHIP Court, Senate Committees House Committees State, Veterans & Military Affairs Appropriations SENATE CONCURRENT RESOLUTION 10-003 Submitting to the registered electors of the state of Colorado an amendment to section 1 of article V of the constitution of the state of Colorado, concerning ballot initiatives, and, in connection therewith, requiring at least five percent of the minimum total number of signatures for a petition for an initiated constitutional amendment to be gathered from residents of each state congressional district; with certain specified exceptions, requiring at least sixty percent voter approval for a proposed initiated constitutional amendment to become part of the constitution; and requiring a two-thirds vote for the general assembly to amend, repeal, or supersede an initiated law for a period of three years after the law becomes effective. Resolution Summary (Note: This summary applies to this resolution as introduced and does not reflect any amendments that may be subsequently adopted. If this resolution passes third reading in the house of introduction, a resolution summary that applies to the reengrossed version of this resolution will be available at http://www.leg.state.co.us/billsummaries.) Currently, the minimum total number of signatures of registered electors required for an initiative petition to amend the state constitution is equal to 5% of the votes cast in the previous election for the office of secretary of state, and there is no requirement for geographic distribution of those signatures. If on the ballot, such an initiative becomes part of the constitution if approved by a majority of the votes cast thereon. The concurrent resolution makes the following changes related to a proposed constitutional initiative: 5% of the minimum total number of signatures must be gathered from residents in each United States congressional district; and An initiated constitutional amendment will become part of the constitution if approved by 60% of the votes cast thereon; except that this requirement shall not apply to an amendment that is limited to repealing a provision of the constitution in existence prior to the 2011 odd-year election or certain amendments related to Amendment 61, which is to be voted on at the 2010 general election. Be It Resolved by the Senate of the Sixty-seventh General Assembly of the State of Colorado, the House of Representatives concurring herein: SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit: Section 1 (4) of article V of the constitution of the state of Colorado is amended, and the said section 1 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: Section 1. General assembly - initiative and referendum - repeal. (2.5) For an initiative petition for an amendment to this constitution that is subject to a vote at the 2011 odd-year election or a statewide election held thereafter, the minimum number of signatures by registered electors who reside in each United States congressional district in Colorado shall be an amount equal to five percent of the minimum number of the total signatures required for such petition pursuant to subsection (2) of this section. For purposes of this subsection (2.5), the boundaries of the congressional districts shall be those in effect at the time that the initiative petition is filed with the secretary of state. (4) (a) The veto power of the governor shall not extend to measures initiated by or referred to the people. All elections on measures initiated by or referred to the people of the state shall be held at the biennial regular general election. and Except as provided in paragraph (b) of this subsection (4), all such measures shall become the law or a part of the constitution, when approved by a majority of the votes cast thereon, and not otherwise, and shall take effect from and after the date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed. This section shall not be construed to deprive the general assembly of the power to enact any measure; except that the general assembly shall not amend, repeal, or supersede an initiated law for a period of three years from the date the law takes effect unless approved by a vote of two-thirds of all the members elected to each house. (b) Beginning with the 2011 odd-year election and for all statewide elections held thereafter, an initiated constitutional amendment shall not become a part of this constitution unless the amendment is approved by at least sixty percent of the votes cast thereon, except as otherwise provided in paragraph (c) of this subsection (4). (c) (I) The following initiated constitutional amendments shall become a part of this constitution when approved by a majority of the votes cast thereon: (A) An initiated constitutional amendment that is limited to amending section 3, 4, 5, or 6, or any combination thereof, of article XI of this constitution to return such section or sections to the form existing immediately prior to the 2010 general election; (B) An initiated constitutional amendment that includes an exception to any requirement set forth in section 20 (4) (c) of article X or section 3 or 6 of article XI of this constitution, as amended by voters at the 2010 general election; and (C) An initiated constitutional amendment that is limited to repealing one or more provisions of this constitution approved by voters prior to the 2011 odd-year election. (II) (A) If the voters do not approve an initiated constitutional amendment to amend section 20 (4) of article X and sections 3, 4, 5, and 6 of article XI of this constitution at the 2010 general election, sub-subparagraphs (A) and (B) of subparagraph (I) of this paragraph (c) are repealed, effective July 1, 2011. (B) This subparagraph (II) is repealed, effective July 2, 2011. SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "Shall there be an amendment to section 1 of article V of the constitution of the state of Colorado, concerning ballot initiatives, and, in connection therewith, requiring at least five percent of the minimum total number of signatures for a petition for an initiated constitutional amendment to be gathered from residents of each state congressional district; with certain specified exceptions, requiring at least sixty percent voter approval for a proposed initiated constitutional amendment to become part of the constitution; and requiring a two-thirds vote for the general assembly to amend, repeal, or supersede an initiated law for a period of three years after the law becomes effective?" SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.