First Extraordinary Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06B-2052.01 Nicole Hoffman     SENATE BILL 06S-003
                   SENATE SPONSORSHIP
 Mitchell,  and Traylor
 
                    HOUSE SPONSORSHIP
 Penry, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning procedures that the Colorado supreme court is
            required to follow when acting on an appeal of a
            ruling of the title board relating to an initiative
            petition, and, in connection therewith, specifying that
            the court must act on such appeals in fewer than
            thirty-one days, requiring the court to identify
            language that constitutes more than one subject under
            certain circumstances, and specifying the sources that
            the court may consider when identifying an additional
            subject.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Specifies that when an appeal is filed with the Colorado supreme
       court regarding the title board's final ruling on the title or single subject
       of an initiative petition for a proposed law or constitutional amendment,
       the court shall either affirm or reverse the action of the title board within
       a specified number of days after the date that the appeal was filed.
            If an appeal to the Colorado supreme court is regarding the final
       ruling of the title board that an initiative petition does not contain more
       than a single subject, and if the court reverses the action of the title board
       and finds that there is more than a single subject, requires the court to
       specify language in the text of the petition that constitutes more than a
       single subject.  Specifies that such additional subject shall not be derived
       from language that is not contained in or incorporated by reference into
       the text of the petition.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  1-40-107 (2), Colorado Revised Statutes, is
       amended to read:
            1-40-107.  Rehearing - appeal - fees - signing.  (2) (a)  If any
       person presenting an initiative petition for which a motion for a rehearing
       is filed, any registered elector who filed a motion for a rehearing pursuant
       to subsection (1) of this section, or any other registered elector who
       appeared before the title board in support of or in opposition to a motion
       for rehearing is not satisfied with the ruling of the title board upon the
       motion, then the secretary of state shall furnish such person, upon request,
       a certified copy of the petition with the titles and submission clause of the
       proposed law or constitutional amendment, together with a certified copy
       of the motion for rehearing and of the ruling thereon.  If filed with the
       clerk of the supreme court within five days thereafter, the matter shall be
       disposed of promptly within twenty days after the date filed,
       consistent with the rights of the parties, either affirming the action of the
       title board or reversing it, in which latter case the court shall remand it
       with instructions, pointing out where the title board is in error.
            (b)  If an appeal to the supreme court is regarding the final
       ruling of the title board that an initiative petition does not
       contain more than a single subject pursuant to section
       1-40-106.5, and if the supreme court reverses the action of the
       title board and finds that there is more than a single subject,
       the supreme court shall, in the remand instructions to the title
       board, cite specific language in the text of the petition that
       constitutes more than a single subject.  Such additional subject
       shall not be derived from language that is not contained in or
       incorporated by reference into the text of the petition.
            SECTION 2.  Effective date - applicability.  (1)  This act shall
       take effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly that is
       allowed for submitting a referendum petition pursuant to article V,
       section 1 (3) of the state constitution; except that, if a referendum petition
       is filed against this act or an item, section, or part of this act within such
       period, then the act, item, section, or part, if approved by the people, shall
       take effect on the date of the official declaration of the vote thereon by
       proclamation of the governor.
            (2)  The provisions of this act shall apply to any appeal filed with
       the Colorado supreme court on or after the applicable effective date of
       this act regarding a final ruling of the title board.