HOUSE Amended 2nd Reading February 24, 2011 SENATE 3rd Reading Unamended February 21, 2011 SENATE 2nd Reading Unamended February 18, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REVISED LLS NO. R11-0301.01 Ed DeCecco SCR11-001 SENATE SPONSORSHIP Shaffer B. and Spence, Kopp, Brophy, Heath, Jahn, King S., Morse, Roberts, Schwartz, Steadman, Tochtrop, White HOUSE SPONSORSHIP Murray and Court, McNulty, Acree, Barker, Baumgardner, Becker, Brown, Casso, Conti, Coram, Duran, Ferrandino, Fields, Fischer, Gardner D., Hamner, Hullinghorst, Kagan, Kefalas, Kerr A., Labuda, Lee, Levy, Liston, Massey, McCann, McKinley, Miklosi, Pace, Peniston, Priola, Riesberg, Ryden, Schafer S., Scott, Solano, Sonnenberg, Soper, Summers, Swerdfeger, Todd, Tyler, Vigil, Williams A., Wilson Senate Committees House Committees State, Veterans & Military Affairs State, Veterans, & Military Affairs SENATE CONCURRENT RESOLUTION 11-001 Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning ballot measures, and, in connection therewith, increasing the number of votes needed to pass a constitutional amendment from a majority to at least sixty percent of the votes cast; allowing a constitutional amendment passed prior to 2013 to be repealed by a majority of the votes cast; adding a requirement that a minimum number of petition signatures for a citizen-initiated constitutional amendment be gathered from voters who reside in each Colorado congressional district; and increasing the requirement from a majority to a sixty percent vote of the state legislature to change, repeal, or supersede a citizen-initiated statutory law for three years after it 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.) This concurrent resolution makes the following changes to the state constitution related to ballot measures: An initiated or referred constitutional amendment must be approved by at least 60% of the votes cast thereon in order to become part of the constitution. Currently, a majority vote is necessary to pass such an amendment. The increased vote requirement does not apply to an amendment that is limited to repealing, in whole or in part, one or more constitutional amendments approved by voters prior to the 2013 odd-year election; except that an amendment to repeal any provision included in this concurrent resolution requires 60% voter approval. A portion of the signatures for a petition for an initiated constitutional amendment must be geographically distributed throughout the state based on a formula that requires a minimum number of the total required signatures to be from each congressional district in the state. The minimum number of the total signatures required for such a petition is equal to 5% of the votes cast in the previous election for the secretary of state, and currently there is no requirement for geographic distribution of those signatures. A 2/3 vote of all members elected to each house of the general assembly is required to amend, repeal, or supersede an initiated law that was approved at an election after the 2012 general election for a period of 3 years from the date the law takes effect. Currently, initiated laws can be changed by a majority vote of such members. Be It Resolved by the Senate of the Sixty-eighth 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. (2.5) To propose an initiated constitutional amendment that is subject to a vote at the 2013 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 seventy percent of the minimum number of the total signatures required for the initiative petition pursuant to subsection (2) of this section divided by the number of United States congressional districts in Colorado. For purposes of this subsection (2.5), the number and 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 all such measures shall become the law or a part of the constitution, when approved by a majority of the votes cast thereon or, if applicable, by the number of votes required pursuant to paragraph (b) of this subsection (4), 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 otherwise supersede an initiated statutory law that was approved at an election after the 2012 general election for a period of three years from the date the law takes effect unless approved by a vote of sixty percent of all the members elected to each house. (b) (I) Beginning with the 2013 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 subparagraph (II) of this paragraph (b). (II) Excluding an initiated constitutional amendment that repeals any provision of the measure that included this paragraph (b), the requirement set forth in subparagraph (I) of this paragraph (b) shall not apply to an initiated constitutional amendment that is limited to repealing, in whole or in part, one or more amendments to this constitution approved by voters prior to the 2013 odd-year election. Section 2 (1) of article XIX of the constitution of the state of Colorado is amended to read: Section 2. Amendments to constitution - how adopted. (1) (a) Any amendment or amendments to this constitution may be proposed in either house of the general assembly, and, if the same shall be voted for by two-thirds of all the members elected to each house, such proposed amendment or amendments, together with the ayes and noes of each house thereon, shall be entered in full on their respective journals. The proposed amendment or amendments shall be published with the laws of that session of the general assembly. At the next general election for members of the general assembly, the said amendment or amendments shall be submitted to the registered electors of the state for their approval or rejection, and such as are approved by a majority of those voting thereon or by the number of votes required pursuant to paragraph (b) of this subsection (1), shall become part of this constitution. (b) (I) Beginning with the 2013 odd-year election and for all statewide elections held thereafter, a referred 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 subparagraph (II) of this paragraph (b). (II) Excluding a referred constitutional amendment that repeals any provision of the measure that included this paragraph (b), the requirement set forth in subparagraph (I) of this paragraph (b) shall not apply to a referred constitutional amendment that is limited to repealing, in whole or in part, one or more amendments to this constitution approved by voters prior to the 2013 odd-year election. 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 the Colorado constitution concerning ballot measures that increases the number of votes needed to pass a constitutional amendment from a majority to at least sixty percent of the votes cast; and that allows a constitutional amendment passed prior to 2013 to be repealed by a majority of the votes cast; and that adds a requirement that a minimum number of petition signatures for a citizen-initiated constitutional amendment be gathered from voters who reside in each Colorado congressional district; and that increases the requirement from a majority to a sixty percent vote of the state legislature to change, repeal, or supersede a citizen-initiated statutory law for three years after it 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.