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Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0192.01 DLC

STATE OF COLORADO


BY REPRESENTATIVES Dean, Agler, Allen, Arrington, Bacon, Gordon, Musgrave, Pankey, Pfiffner, Reeser, Salaz, Sinclair, Swenson, Taylor, and Tool;

also SENATOR Congrove.

STATE, VETERANS & MILITARY AFFAIRS

HOUSE CONCURRENT RESOLUTION 98-1004

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING MEASURES INITIATED BY PETITION, AND, IN CONNECTION THEREWITH, DECREASING THE NUMBER OF SIGNATURES REQUIRED ON PETITIONS PROPOSING STATE LEGISLATION, INCREASING THE NUMBER OF SIGNATURES REQUIRED ON PETITIONS PROPOSING A CONSTITUTIONAL AMENDMENT, AND PROHIBITING THE GENERAL ASSEMBLY FROM AMENDING OR REPEALING ANY LAW ENACTED BY THE INITIATIVE WITHIN FOUR YEARS OF ADOPTION UNLESS APPROVED BY TWO­THIRDS OF ALL THE MEMBERS ELECTED TO EACH HOUSE OF THE GENERAL ASSEMBLY.



Resolution Summary

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

Amends the provision that requires initiative petitions to be signed by registered electors in an amount equal to at least 5% of the total number of votes cast for the office of secretary of state in the previous general election by decreasing the signature requirement to 4% in the case of proposed legislation and by increasing the signature requirement to 6% in the case of a proposed constitutional amendment.

Prohibits the general assembly from amending or repealing any law enacted by the people by initiative within 4 years of its adoption unless 2/3rds of the members of each approve the amendment or repeal in a bill.


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:

Section 1 (2) 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)  The first power hereby reserved by the people is the initiative, and signatures by registered electors in an amount equal to at least five SIX percent of the total number of votes cast for all candidates for the office of secretary of state at the previous general election shall be required to propose any measure AMENDMENT TO THE CONSTITUTION by petition, and SIGNATURES BY REGISTERED ELECTORS IN AN AMOUNT EQUAL TO AT LEAST FOUR PERCENT OF THE TOTAL NUMBER OF VOTES CAST FOR ALL CANDIDATES FOR THE OFFICE OF SECRETARY OF STATE AT THE PREVIOUS GENERAL ELECTION SHALL BE REQUIRED TO PROPOSE ANY LEGISLATION BY PETITION. Every such petition shall include the full text of the measure so proposed. Initiative petitions for state legislation and amendments to the constitution, in such form as may be prescribed pursuant to law, shall be addressed to and filed with the secretary of state at least three months before the general election at which they are to be voted upon.

(4.5)  NOTWITHSTANDING SUBSECTION (4) OF THIS SECTION, THE GENERAL ASSEMBLY SHALL HAVE NO POWER TO AMEND OR REPEAL ANY LAW ENACTED BY THE INITIATIVE WITHIN FOUR YEARS AFTER THE DATE OF THE OFFICIAL DECLARATION OF THE VOTE ADOPTING THE INITIATIVE UNLESS THE GENERAL ASSEMBLY APPROVES SUCH AN AMENDMENT OR REPEAL IN A BILL THAT IS PASSED BY A VOTE OF TWO­THIRDS OF ALL THE MEMBERS ELECTED TO EACH HOUSE.

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 MEASURES INITIATED BY PETITION, AND, IN CONNECTION THEREWITH, DECREASING THE NUMBER OF SIGNATURES REQUIRED ON PETITIONS PROPOSING STATE LEGISLATION, INCREASING THE NUMBER OF SIGNATURES REQUIRED ON PETITIONS PROPOSING A CONSTITUTIONAL AMENDMENT, AND PROHIBITING THE GENERAL ASSEMBLY FROM AMENDING OR REPEALING ANY LAW ENACTED BY THE INITIATIVE WITHIN FOUR YEARS OF ADOPTION UNLESS APPROVED BY TWO­THIRDS OF ALL THE MEMBERS ELECTED TO EACH HOUSE OF THE GENERAL ASSEMBLY."

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.