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Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. R97@0817.01 JBB

STATE OF COLORADO

BY REPRESENTATIVE Paschall

STATE, VETERANS AND MILITARY AFFAIRS

HOUSE CONCURRENT RESOLUTION 97-1005

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING A GRANT OF AUTHORITY TO THE GENERAL ASSEMBLY TO REVIEW CERTAIN DECISIONS OF COLORADO COURTS.

Resolution Summary

(Note: This summary applies to this resolution as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Proposes an amendment to the Colorado constitution establishing that the general assembly may review a final decision of a Colorado court that finds any constitutional amendment or part thereof unconstitutional. If in the next general session, the general assembly enacts a bill readopting the amendment or part thereof by a two­thirds majority, the amendment or part thereof shall become law notwithstanding the decision of the supreme court. Provides that the veto power of the governor does not apply to bills enacted under this section.

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to 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:

Article V of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:

Section 1a.  General assembly ­ legislative review of judicial decisions. NOTWITHSTANDING A FINAL, NONAPPEALABLE JUDGMENT OF A COLORADO COURT THAT A CONSTITUTIONAL AMENDMENT OR ANY PART THEREOF IS INVALID BECAUSE IT IS CONTRARY TO A PROVISION OF THE UNITED STATES CONSTITUTION OR THIS CONSTITUTION, THE CONSTITUTIONAL AMENDMENT OR PART THEREOF SHALL BECOME LAW FOR ALL PURPOSES IF IN THE FIRST REGULAR SESSION OF THE GENERAL ASSEMBLY FOLLOWING THE JUDGMENT THE GENERAL ASSEMBLY ENACTS A BILL APPROVED BY TWO­THIRDS OF THE MEMBERS OF BOTH THE SENATE AND THE HOUSE OF REPRESENTATIVES TO READOPT THE CONSTITUTIONAL AMENDMENT OR PART THEREOF. THE VETO POWER OF THE GOVERNOR SHALL NOT EXTEND TO A BILL ENACTED UNDER THIS SECTION.

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: "AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING A GRANT OF AUTHORITY TO THE GENERAL ASSEMBLY TO REVIEW CERTAIN DECISIONS OF COLORADO COURTS."

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.