HOUSE
                       3rd Reading Unamended
       February 10, 2012       HOUSE
       2nd Reading Unamended
                     February 9, 2012Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 12-0014.01 Ed DeCecco x4216     HOUSE BILL 12-1024
                    HOUSE SPONSORSHIP
 Szabo,
 
                   SENATE SPONSORSHIP
 Spence,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a requirement that the ballot title of a
            statewide measure be written in plain language.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Section 1 of the bill requires the title board, when setting a title for
       a proposed initiated law or constitutional amendment, to write the title,
       to the extent possible, in plain, nontechnical language and in a clear and
       coherent manner using words with common and everyday meaning that
       are understandable to the average reader. Section 2 requires the same
       standard for the ballot title of a statewide referred measure.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 1-40-106, amend (3)
       (b) as follows:
            1-40-106.  Title board - meetings - titles and submission clause.
       (3) (b)  In setting a title, the title board shall consider the public confusion
       that might be caused by misleading titles and shall, whenever practicable,
       avoid titles for which the general understanding of the effect of a "yes"
       or "no" vote will be unclear. The title for the proposed law or
       constitutional amendment, which shall, to the extent possible, be
       written in plain, nontechnical language and in a clear and
       coherent manner using words with common and everyday
       meaning that are understandable to the average reader and
       which shall correctly and fairly express the true intent and meaning
       thereof, together with the ballot title and submission clause, shall be
       completed within two weeks after the first meeting of the title board.
       Immediately upon completion, the secretary of state shall deliver the same
       with the original to the designated representatives of the proponents,
       keeping the copy with a record of the action taken thereon. Ballot titles
       shall be brief, shall not conflict with those selected for any petition
       previously filed for the same election, and shall be in the form of a
       question which may be answered "yes" (to vote in favor of the proposed
       law or constitutional amendment) or "no" (to vote against the proposed
       law or constitutional amendment) and which shall unambiguously state
       the principle of the provision sought to be added, amended, or repealed.
            SECTION 2.  In Colorado Revised Statutes, add 2-2-801.5 as
       follows:
            2-2-801.5.  Plain language requirement - referred measure -
       ballot title. Any person, including members of the general
       assembly and the office of legislative legal services, who
       prepares or proposes a ballot title of a statewide referred
       measure, or an amendment to the ballot title, shall ensure that,
       to the extent possible, the ballot title is written in plain,
       nontechnical language and in a clear and coherent manner
       using words with common and everyday meaning that are
       understandable to the average reader. Adoption by the general
       assembly of the statewide referred measure creates a
       presumption that the ballot title included therein conforms to
       this section.
            SECTION 3.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       7, 2012, if adjournment sine die is on May 9, 2012); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2012 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.