Colorado Constitution
Introduction
PREAMBLE
Boundaries
Art. I §0 | BOUNDARIES
Bill of Rights
Art. II §0 | PREAMBLE TO ARTICLE II
Art. II §1 | VESTMENT OF POLITICAL POWER
Art. II §2 | PEOPLE MAY ALTER OR ABOLISH FORM OF GOVERNMENT - PROVISO
Art. II §3 | INALIENABLE RIGHTS
Art. II §4 | RELIGIOUS FREEDOM
Art. II §5 | FREEDOM OF ELECTIONS
Art. II §6 | EQUALITY OF JUSTICE
Art. II §7 | SECURITY OF PERSON AND PROPERTY - SEARCHES - SEIZURES - WARRANTS
Art. II §8 | PROSECUTIONS - INDICTMENT OR INFORMATION
Art. II §9 | TREASON - ESTATES OF SUICIDES
Art. II §10 | FREEDOM OF SPEECH AND PRESS
Art. II §11 | EX POST FACTO LAWS
Art. II §12 | NO IMPRISONMENT FOR DEBT
Art. II §13 | RIGHT TO BEAR ARMS
Art. II §14 | TAKING PRIVATE PROPERTY FOR PRIVATE USE
Art. II §15 | TAKING PROPERTY FOR PUBLIC USE - COMPENSATION, HOW ASCERTAINED
Art. II §16 | CRIMINAL PROSECUTIONS - RIGHTS OF DEFENDANT
Art. II §16a | RIGHTS OF CRIME VICTIMS
Art. II §17 | IMPRISONMENT OF WITNESSES - DEPOSITIONS - FORM
Art. II §18 | CRIMES - EVIDENCE AGAINST ONE’S SELF - JEOPARDY
Art. II §19 | RIGHT TO BAIL - EXCEPTIONS
(b) When, after a hearing held within ninetysix hours of arrest and upon reasonable notice, the court finds that proof is evident or presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail and such person is accused in any of the following cases:
(II) A crime of violence, as may be defined by the general assembly, alleged to have been committed while on bail pending the disposition of a previous crime of violence charge for which probable cause has been found;
(III) A crime of violence, as may be defined by the general assembly, alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately brought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony; or
(d) For the offense of murder in the first degree, as defined by law, committed on or after the effective date of this subsection (1)(d), when proof is evident or presumption is great.
(2.5)
(III) Any felony sexual assault committed against a child who is under fifteen years of age;
(IV) A crime of violence, as defined by statute enacted by the general assembly; or
(V) Any felony during the commission of which the person used a firearm.
(II) The appeal is not frivolous or is not pursued for the purpose of delay.
Art. II §20 | EXCESSIVE BAIL, FINES OR PUNISHMENT
Art. II §21 | SUSPENSION OF HABEAS CORPUS
Art. II §22 | MILITARY SUBJECT TO CIVIL POWER - QUARTERING OF TROOPS
Art. II §23 | TRIAL BY JURY - GRAND JURY
Art. II §24 | RIGHT TO ASSEMBLE AND PETITION
Art. II §25 | DUE PROCESS OF LAW
Art. II §26 | SLAVERY PROHIBITED
Art. II §27 | PROPERTY RIGHTS OF ALIENS
Art. II §28 | RIGHTS RESERVED NOT DISPARAGED
Art. II §29 | EQUALITY OF THE SEXES
Art. II §30 | RIGHT TO VOTE OR PETITION ON ANNEXATION - ENCLAVES
(b) The annexing municipality has received a petition for the annexation of such area signed by persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets, and alleys and any land owned by the annexing municipality; or
(c) The area is entirely surrounded by or is solely owned by the annexing municipality.
(3) The general assembly may provide by law for procedures necessary to implement this section. This section shall take effect upon completion of the canvass of votes taken thereon.
Art. II §30a | OFFICIAL LANGUAGE
This section is self executing; however, the General Assembly may enact laws to implement this section.
Art. II §30b | NO PROTECTED STATUS BASED ON HOMOSEXUAL, LESBIAN OR BISEXUAL ORIENTATION
Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Constitution shall be in all respects self executing.
Art. II §31 | MARRIAGES - VALID OR RECOGNIZED (REPEALED)
Art. II §32 | ABORTION
Distribution of Powers
Art. III §0 | DISTRIBUTION OF POWERS
Executive Department
Art. IV §1 | OFFICERS - TERMS OF OFFICE
(2) In order to broaden the opportunities for public service and to guard against excessive concentrations of power, no governor, lieutenant governor, secretary of state, state treasurer, or attorney general shall serve more than two consecutive terms in such office. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1991. Any person who succeeds to the office of governor or is appointed or elected to fill a vacancy in one of the other offices named in this section, and who serves at least one half of a term of office, shall be considered to have served a term in that office for purposes of this subsection (2). Terms are considered consecutive unless they are at least four years apart.
Art. IV §2 | GOVERNOR SUPREME EXECUTIVE
Art. IV §3 | STATE OFFICERS - ELECTION - RETURNS
Art. IV §4 | QUALIFICATIONS OF STATE OFFICERS
Art. IV §5 | GOVERNOR COMMANDER-IN-CHIEF OF MILITIA
Art. IV §6 | APPOINTMENT OF OFFICERS - VACANCY
(2) If the office of state treasurer, secretary of state, or attorney general shall be vacated by death, resignation, or otherwise, the governor shall nominate and, by and with the consent of the senate, appoint a successor. The appointee shall hold the office until his successor shall be elected and qualified in such manner as may be provided by law. If the vacancy occurs in any such office while the senate is not in session, the governor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate, when he shall nominate and, by and with the consent of the senate, appoint some fit person to fill such office.
(3) The senate in deliberating upon executive nominations may sit with closed doors, but in acting upon nominations they shall sit with open doors, and the vote shall be taken by ayes and noes, which shall be entered upon the journal.
Art. IV §7 | GOVERNOR MAY GRANT REPRIEVES AND PARDONS
Art. IV §8 | GOVERNOR MAY REQUIRE INFORMATION FROM OFFICERS - MESSAGE
Art. IV §9 | GOVERNOR MAY CONVENE LEGISLATURE OR SENATE
Art. IV §10 | GOVERNOR MAY ADJOURN LEGISLATURE
Art. IV §11 | BILLS PRESENTED TO GOVERNOR - VETO - RETURN
Art. IV §12 | GOVERNOR MAY VETO ITEMS IN APPROPRIATION BILLS - RECONSIDERATION
Art. IV §13 | SUCCESSION TO THE OFFICE OF GOVERNOR AND LIEUTENANT GOVERNOR
(2) Whenever there is a vacancy in the office of the lieutenant governor, because of death, impeachment, conviction of a felony, or resignation, the governor shall nominate a lieutenant governor who shall take office upon confirmation by a majority vote of both houses of the general assembly. If the person nominated is a member of the general assembly, he may take the oath of office of lieutenant governor, and the legislative seat to which he was elected shall be vacant and filled in the manner prescribed by law pursuant to section 2 of article V of this constitution.
(3) In the event that the governor elect fails to assume the office of governor because of death, resignation, or conviction of a felony, or refuses to take the oath of office, the lieutenant governor elect shall take the oath of office and shall become governor on the second Tuesday in January in accordance with the provisions of section 1 of article IV of this constitution. In the event the lieutenant governor elect fails to assume the office of lieutenant governor because of death, resignation, or conviction of a felony, or refuses to take the oath of office, the governor elect upon taking office shall nominate a lieutenant governor who shall take the oath of office upon confirmation by a majority vote of both houses of the general assembly. If the person nominated is a member of the general assembly, he may take the oath of office of lieutenant governor, and the legislative seat to which he was elected shall be vacant and filled in the manner prescribed by law pursuant to section 2 of article V of this constitution.
(4) In the event the lieutenant governor or lieutenant governor elect accedes to the office of governor because of a vacancy in said office for any of the causes enumerated in subsections (1) and (3) of this section, the office of lieutenant governor shall be vacant. Upon taking office, the new governor shall nominate a lieutenant governor who shall take the oath of office upon confirmation by a majority vote of both houses of the general assembly. If the person nominated is a member of the general assembly, he may take the oath of office of lieutenant governor, and the legislative seat to which he was elected shall be vacant and filled in the manner prescribed by law pursuant to section 2 of article V of this constitution.
(5) In the event the governor or lieutenant governor, or governor elect or lieutenant governor elect, at the time either of the latter is to take the oath of office, is absent from the state or is suffering from a physical or mental disability, the powers and duties of the office of governor and the office of lieutenant governor shall, until the absence or disability ceases, temporarily devolve upon the lieutenant governor, in the case of the governor, and, in the case of the lieutenant governor, upon the first named member of the general assembly listed in subsection (7) of this section who is affiliated with the same political party as the lieutenant governor; except that if the lieutenant governor and none of said members of the general assembly are affiliated with the same political party, the temporary vacancy in the office of lieutenant governor shall be filled by the first named member in said subsection (7). In the event that the offices of both the governor and lieutenant governor are vacant at the same time for any of the reasons enumerated in this subsection (5), the successors to fill the vacancy in the office of governor and in the office of lieutenant governor shall be, respectively, the first and second named members of the general assembly listed in subsection (7) of this section who are affiliated with the same political party as the governor; except that if the governor and none of said members of the general assembly are affiliated with the same political party, the vacancy in the office of governor and the vacancy in the office of lieutenant governor, respectively, shall be filled by the first and second named members in said subsection (7). The pro rata salary of the governor or lieutenant governor shall be paid to his successor for as long as he serves in such capacity, during which time he shall receive no other salary from the state.
(6) The governor or governor elect, lieutenant governor or lieutenant governor elect, or person acting as governor or lieutenant governor may transmit to the president of the senate and the speaker of the house of representatives his written declaration that he suffers from a physical or mental disability and he is unable to properly discharge the powers and duties of the office of governor or lieutenant governor. In the event no such written declaration has been made, his physical or mental disability shall be determined by a majority of the supreme court after a hearing held pursuant to a joint request submitted by joint resolution adopted by twothirds of all members of each house of the general assembly. Such determination shall be final and conclusive. The supreme court, upon its own initiative, shall determine if and when such disability ceases.
(7) In the event that the offices of both the governor and lieutenant governor are vacant at the same time for any of the reasons enumerated in subsections (1), (2), and (3) of this section, the successor to fill the vacancy in the office of governor shall be the first named of the following members of the general assembly who is affiliated with the same political party as the governor: President of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives; except that if the governor and none of said members of the general assembly are affiliated with the same political party, the vacancy shall be filled by one such member in the order of precedence listed in this subsection (7). The member filling the vacancy pursuant to this subsection (7) shall take the oath of office of governor and shall become governor. The office of lieutenant governor shall be filled in the same manner as prescribed in subsection (3) of this section when the lieutenant governor elect fails to assume the office of lieutenant governor.
Art. IV §14 | LIEUTENANT GOVERNOR PRESIDENT OF SENATE. (REPEALED)
Art. IV §15 | NO LIEUTENANT GOVERNOR - WHO TO ACT AS GOVERNOR. (REPEALED)
Art. IV §16 | ACCOUNT AND REPORT OF MONEYS
Art. IV §17 | EXECUTIVE OFFICERS TO MAKE REPORT. (REPEALED)
Art. IV §18 | STATE SEAL
Art. IV §19 | SALARIES OF OFFICERS - FEES PAID INTO TREASURY
Art. IV §20 | STATE LIBRARIAN. (REPEALED)
Art. IV §21 | ELECTED AUDITOR OF STATE - POWERS AND DUTIES. (REPEALED)
Art. IV §22 | PRINCIPAL DEPARTMENTS
Art. IV §23 | COMMISSIONER OF INSURANCE
Legislative Department
Art. V §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 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 by petition, and 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.
(2.5) In order to make it more difficult to amend this constitution, a petition for an initiated constitutional amendment shall be signed by registered electors who reside in each state senate district in Colorado in an amount equal to at least two percent of the total registered electors in the senate district provided that the total number of signatures of registered electors on the petition shall at least equal the number of signatures required by subsection (2) of this section. For purposes of this subsection (2.5), the number and boundaries of the senate districts and the number of registered electors in the senate districts shall be those in effect at the time the form of the petition has been approved for circulation as provided by law.
(3) The second power hereby reserved is the referendum, and it may be ordered, except as to laws necessary for the immediate preservation of the public peace, health, or safety, and appropriations for the support and maintenance of the departments of state and state institutions, against any act or item, section, or part of any act of the general assembly, either by a petition signed by registered electors in an amount equal to at least five percent of the total number of votes cast for all candidates for the office of the secretary of state at the previous general election or by the general assembly. Referendum petitions, in such form as may be prescribed pursuant to law, shall be addressed to and filed with the secretary of state not more than ninety days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded. The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.
(4)
(b) In order to make it more difficult to amend this constitution, an initiated constitutional amendment shall not become part of this constitution unless the amendment is approved by at least fifty-five percent of the votes cast thereon; except that this paragraph (b) shall not apply to an initiated constitutional amendment that is limited to repealing, in whole or in part, any provision of this constitution.
(5.5) No measure shall be proposed by petition containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any measure which shall not be expressed in the title, such measure shall be void only as to so much thereof as shall not be so expressed. If a measure contains more than one subject, such that a ballot title cannot be fixed that clearly expresses a single subject, no title shall be set and the measure shall not be submitted to the people for adoption or rejection at the polls. In such circumstance, however, the measure may be revised and resubmitted for the fixing of a proper title without the necessity of review and comment on the revised measure in accordance with subsection (5) of this section, unless the revisions involve more than the elimination of provisions to achieve a single subject, or unless the official or officials responsible for the fixing of a title determine that the revisions are so substantial that such review and comment is in the public interest. The revision and resubmission of a measure in accordance with this subsection (5.5) shall not operate to alter or extend any filing deadline applicable to the measure.
(6) The petition shall consist of sheets having such general form printed or written at the top thereof as shall be designated or prescribed by the secretary of state; such petition shall be signed by registered electors in their own proper persons only, to which shall be attached the residence address of such person and the date of signing the same. To each of such petitions, which may consist of one or more sheets, shall be attached an affidavit of some registered elector that each signature thereon is the signature of the person whose name it purports to be and that, to the best of the knowledge and belief of the affiant, each of the persons signing said petition was, at the time of signing, a registered elector. Such petition so verified shall be prima facie evidence that the signatures thereon are genuine and true and that the persons signing the same are registered electors.
(7) The secretary of state shall submit all measures initiated by or referred to the people for adoption or rejection at the polls, in compliance with this section. In submitting the same and in all matters pertaining to the form of all petitions, the secretary of state and all other officers shall be guided by the general laws.
(7.3) Before any election at which the voters of the entire state will vote on any initiated or referred constitutional amendment or legislation, the nonpartisan research staff of the general assembly shall cause to be published the text and title of every such measure. Such publication shall be made at least one time in at least one legal publication of general circulation in each county of the state and shall be made at least fifteen days prior to the final date of voter registration for the election. The form and manner of publication shall be as prescribed by law and shall ensure a reasonable opportunity for the voters statewide to become informed about the text and title of each measure.
(7.5)
(II) A fair and impartial analysis of each measure, which shall include a summary and the major arguments both for and against the measure, and which may include any other information that would assist understanding the purpose and effect of the measure. Any person may file written comments for consideration by the research staff during the preparation of such analysis.
(c) If any measure to be voted on by the voters of the entire state includes matters arising under section 20 of article X of this constitution, the ballot information booklet shall include the information and the titled notice required by section 20(3)(b) of article X, and the mailing of such information pursuant to section 20(3)(b) of article X is not required.
(d) The general assembly shall provide sufficient appropriations for the preparation and distribution of the ballot information booklet pursuant to this subsection (7.5) at no charge to recipients.
(9) The initiative and referendum powers reserved to the people by this section are hereby further reserved to the registered electors of every city, town, and municipality as to all local, special, and municipal legislation of every character in or for their respective municipalities. The manner of exercising said powers shall be prescribed by general laws; except that cities, towns, and municipalities may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. Not more than ten percent of the registered electors may be required to order the referendum, nor more than fifteen per cent to propose any measure by the initiative in any city, town, or municipality.
(10) This section of the constitution shall be in all respects self executing; except that the form of the initiative or referendum petition may be prescribed pursuant to law.
Art. V §2 | ELECTION OF MEMBERS - OATH - VACANCIES
(2) Each member of the general assembly, before he enters upon his official duties, shall take an oath or affirmation to support the constitution of the United States and of the state of Colorado and to faithfully perform the duties of his office according to the best of his ability. This oath or affirmation shall be administered in the chamber of the house to which the member has been elected.
(3) Any vacancy occurring in either house by death, resignation, or otherwise shall be filled in the manner prescribed by law. The person appointed to fill the vacancy shall be a member of the same political party, if any, as the person whose termination of membership in the general assembly created the vacancy.
Art. V §3 | TERMS OF SENATORS AND REPRESENTATIVES
(2) In order to broaden the opportunities for public service and to assure that the general assembly is representative of Colorado citizens, no senator shall serve more than two consecutive terms in the senate, and no representative shall serve more than four consecutive terms in the house of representatives. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1991. Any person appointed or elected to fill a vacancy in the general assembly and who serves at least one half of a term of office shall be considered to have served a term in that office for purposes of this subsection (2). Terms are considered consecutive unless they are at least four years apart.
Art. V §4 | QUALIFICATIONS OF MEMBERS
Art. V §5 | CLASSIFICATION OF SENATORS
Art. V §6 | SALARY AND EXPENSES OF MEMBERS
Art. V §7 | GENERAL ASSEMBLY - SHALL MEET WHEN - TERM OF MEMBERS - COMMITTEES
Art. V §8 | MEMBERS PRECLUDED FROM HOLDING OFFICE
Art. V §9 | INCREASE OF SALARY - WHEN FORBIDDEN. (REPEALED)
Art. V §10 | EACH HOUSE TO CHOOSE ITS OFFICERS
Art. V §11 | QUORUM
Art. V §12 | EACH HOUSE MAKES AND ENFORCES RULES
Art. V §13 | JOURNAL - AYES AND NOES TO BE ENTERED - WHEN
Art. V §14 | OPEN SESSIONS
Art. V §15 | ADJOURNMENT FOR MORE THAN THREE DAYS
Art. V §16 | PRIVILEGES OF MEMBERS
Art. V §17 | NO LAW PASSED BUT BY BILL - AMENDMENTS
Art. V §18 | ENACTING CLAUSE
"Be it enacted by the General Assembly of the State of Colorado."
Art. V §19 | WHEN LAWS TAKE EFFECT - INTRODUCTION OF BILLS
Art. V §20 | BILLS REFERRED TO COMMITTEE - PRINTED
Art. V §21 | BILL TO CONTAIN BUT ONE SUBJECT - EXPRESSED IN TITLE
Art. V §22 | READING AND PASSAGE OF BILLS
Art. V §22a | CAUCUS POSITIONS PROHIBITED - PENALTIES
(2) Notwithstanding the provisions of subsection (1) of this section, a member or members of the general assembly may vote in party caucus on matters directly relating to the selection of officers of a party caucus and the selection of the leadership of the general assembly.
Art. V §22b | EFFECT OF SECTIONS 20 AND 22A
Art. V §23 | VOTE ON AMENDMENTS AND REPORT OF COMMITTEE
Art. V §24 | REVIVAL, AMENDMENT OR EXTENSION OF LAWS
Art. V §25 | SPECIAL LEGISLATION PROHIBITED
Art. V §25a | EIGHT-HOUR EMPLOYMENT
(2) The provisions of subsection (1) of this section to the contrary notwithstanding, the general assembly may establish whatever exceptions it deems appropriate to the eighthour workday.
Art. V §26 | SIGNING OF BILLS
Art. V §27 | OFFICERS AND EMPLOYEES - COMPENSATION
Art. V §28 | EXTRA COMPENSATION TO OFFICERS, EMPLOYEES, OR CONTRACTORS FORBIDDEN
Art. V §29 | CONTRACTS FOR FACILITIES AND SUPPLIES
Art. V §30 | SALARY OF GOVERNOR AND JUDGES TO BE FIXED BY THE LEGISLATURE - TERM NOT TO BE EXTENDED OR SALARIES INCREASED OR DECREASED. (REPEALED)
Art. V §31 | REVENUE BILLS
Art. V §32 | APPROPRIATION BILLS
Art. V §33 | DISBURSEMENT OF PUBLIC MONEY
Art. V §34 | APPROPRIATIONS TO PRIVATE INSTITUTIONS FORBIDDEN
Art. V §35 | DELEGATION OF POWER
Art. V §36 | LAWS ON INVESTMENT OF TRUST FUNDS
Art. V §37 | CHANGE OF VENUE. (REPEALED)
Art. V §38 | NO LIABILITY EXCHANGED OR RELEASED
Art. V §39 | ORDERS AND RESOLUTIONS PRESENTED TO GOVERNOR
Art. V §40 | BRIBERY AND INFLUENCE IN GENERAL ASSEMBLY
Art. V §41 | OFFERING, GIVING, PROMISING MONEY OR OTHER CONSIDERATION. (REPEALED)
Art. V §42 | CORRUPT SOLICITATION OF MEMBERS AND OFFICERS. (REPEALED)
Art. V §43 | MEMBER INTERESTED SHALL NOT VOTE
Art. V §44 | REPRESENTATIVES IN CONGRESS - CONGRESSIONAL DISTRICTS - COMMISSION CREATED
(1) declaration of the people.
the people of the state of colorado find and declare that:(b) the public's interest in prohibiting political gerrymandering is best achieved by creating a new and independent commission that is politically balanced, provides representation to voters not affiliated with either of the state's two largest parties, and utilizes nonpartisan legislative staff to draw maps;
(c) the redistricting commission should set district lines by ensuring constitutionally guaranteed voting rights, including the protection of minority group voting, as well as fair and effective representation of constituents using politically neutral criteria;
(d) competitive elections for members of the united states house of representatives provide voters with a meaningful choice among candidates, promote a healthy democracy, help ensure that constituents receive fair and effective representation, and contribute to the political well-being of key communities of interest and political subdivisions;
(e) for years certain political interests opposed competitive districts in colorado because they are primarily concerned about maintaining their own political power at the expense of fair and effective representation; and
(f) citizens want and deserve an inclusive and meaningful congressional redistricting process that provides the public with the ability to be heard as redistricting maps are drawn, to be able to watch the witnesses who deliver testimony and the redistricting commission's deliberations, and to have their written comments considered before any proposed map is voted upon by the commission as the final map.
(2) Congressional districts - commission created.
There is hereby created the independent congressional redistricting commission. The commission shall divide the state into as many congressional districts as there are representatives in congress apportioned to this state by the congress of the united states for the election of one representative to congress from each district. when a new apportionment, is made by congress, the commission shall divide the state into congressional districts accordingly.(3) Definitions.
As used in this section and in sections through 44.6 of this Article V, unless the context otherwise requires:(b)
(ii) Such interests include but are not limited to matters reflecting:
(b) shared public policy concerns such as education, employment, environment, public health, transportation, water needs and supplies, and issues of demonstrable regional significance.
(iv) "Community of interest" does not include relationships with political parties, incumbents, or political candidates.
(d) "Redistricting year" means the year following the year in which the federal decennial census is taken.
(e) "Staff" or "nonpartisan staff" means the staff of the general assembly's legislative council and office of legislative legal services, or their successor offices, who are assigned to assist the commission by the directors of those offices in accordance with section
(4) Adjustment of dates.
If any date prescribed in sections 44.1 through 44.5 of this article V falls on a Saturday, Sunday, or legal holiday, then the date is extended to the next day that is not a Saturday, Sunday, or legal holiday.Art. V §44.1 | COMMISSION COMPOSITION AND APPOINTMENT - VACANCIES.
(2) The commission consists of twelve members who have the following qualifications:
(b) commissioners must either have been unaffiliated with any political party or have been affiliated with the same political party for a consecutive period of no less than five years at the time of the application; and
(c) No person may be appointed to or serve on the commission if he or she:
(ii) is or has been, within the last three years preceding the date on which applications for appointment to the commission are due under subsection (4) of this section, compensated by a member of, or a campaign committee advocating the election of a candidate to, the united states house of representatives or the united states senate;
(iii) is or has been, within the last three years preceding the date on which applications for appointment to the commission are due under subsection (4) of this section, an elected public official at the federal, state, county, or municipal level in Colorado;
(iv) is or has been, within the last three years preceding the date on which applications for appointment to the commission are due under subsection (4) of this section, an elected political party official above the precinct level in Colorado or an employee of a political party;
(v) is a member of the commission responsible for dividing the state into senatorial and representative districts of the general assembly; or
(vi) is or has been a professional lobbyist registered to lobby with the state of Colorado, with any municipality in Colorado, or at the federal level within the last three years preceding the date on which applications for appointment to the commission are due under subsection (4) of this section.
(b) The application form must clearly state the legal obligations and expectations of potential appointees. Information required of applicants must include, but is not necessarily limited to, professional background, party affiliation, a description of past political activity, a list of all political and civic organizations to which the applicant has belonged within the previous five years, and whether the applicant meets the qualifications stated in subsection (2) of this section. In addition, the application form must require the applicant to explain why they want to serve on the commission and afford the applicant an opportunity to make a statement about how they will promote consensus among commissioners if appointed to the commission. Applicants may also choose to include up to four letters of recommendation with their application.
(5)
(b) All decisions of the panel regarding the selection of applicants pursuant to this section require the affirmative approval of all three members of the panel.
(c) The general assembly shall prescribe by law the compensation of members of the panel. Nonpartisan staff shall assist the panel in carrying out its duties.
(7) By January 18 of the redistricting year, the panel, in a public meeting, shall randomly select by lot from all of the applicants who were found to meet the qualifications specified in subsection (2) of this section the names of three hundred applicants who are affiliated with the state's largest political party, three hundred applicants who are affiliated with the state's second largest political party, and four hundred fifty applicants who are not affiliated with any political party, or such lesser number as there are total applicants who meet the qualifications specified in subsection (2) of this section for each of those groups.
(8)
(ii) relevant analytical skills, the ability to be impartial, and the ability to promote consensus on the commission.
(ii) two commissioners who are affiliated with the state's largest political party; and
(iii) two commissioners who are affiliated with the state's second largest political party.
(b) As determined by the legislative leaders in selecting their respective pools, the applicants selected for each pool must meet the qualifications set forth in subsection (2) of this section and demonstrate the qualities listed in subsection (8)(a) of this section.
(c) For each congressional district not represented by a commissioner appointed pursuant to subsections (8)(b) and (8)(c) of this section, each pool must consist of at least one applicant who is registered to vote in that congressional district.
(d) If there is an insufficient number of available applicants that meet the requirements of subsection (9)(b) of this section to select any complete pool, then the pool must consist of only those applicants who meet those requirements.
(b) ensure that at least one commissioner is registered to vote in each congressional district but no more than two commissioners are registered to vote in any single congressional district;
(c) ensure that at least one commissioner resides west of the continental divide; and
(d) ensure that all commissioners meet the qualifications set forth in subsection (2) of this section and demonstrate the qualities listed in subsection (8)(a) of this section.
(b) Any vacancy on the commission, including one that occurs due to death, resignation, removal, failure to meet the qualifications of appointment, refusal or inability to accept an appointment, or otherwise, must be filled as soon as possible by the designated appointing authority from the designated pool of eligible applicants for that commissioner's position and in the same manner as the originally chosen commissioner; except that no commissioner chosen to fill a vacancy will be bypassed for appointment if all congressional districts are already represented on the commission.
Art. V §44.2 | COMMISSION ORGANIZATION - PROCEDURES - TRANSPARENCY - VOTING REQUIREMENTS
(1) Initial organization, officers, procedures, rules, and transparency.
(b) The director of research of the legislative council and the director of the office of legislative legal services, or the directors of successor nonpartisan offices of the general assembly, shall appoint nonpartisan staff from their respective offices as needed to assist the commission and the panel of judges as described in section 44.1 of this Article V. Nonpartisan staff shall acquire and prepare all necessary resources, including computer hardware, software, and demographic, geographic, and political databases, as far in advance as necessary to enable the commission to begin its work immediately upon convening.
(c) The commission may retain legal counsel in all actions and proceedings in connection with the performance of its powers, duties, and functions, including representation of the commission before any court.
(d) The general assembly shall appropriate sufficient funds for the payment of the expenses of the commission, the compensation and expenses of nonpartisan staff, and the compensation and expenses of the panel of judges as described in section 44.1 of this Article V. Members of the commission shall be reimbursed for their reasonable and necessary expenses and may also receive such per diem allowance as may be established by the general assembly. subject to available appropriations, hardware and software necessary for the development of plans may, at the request of any commissioner, be provided to the commissioner. The commission and its staff must have access to statistical information compiled by the state and its political subdivisions as necessary for its duties. state agencies and political subdivisions shall comply with requests from the commission and its staff for such statistical information.
(e) The commission shall adopt rules to govern its administration and operation. the commission must provide at least seventy-two hours of advance public notice of all proposed rules prior to consideration for adoption; except that proposed rules may be amended during commission deliberations without such advance notice of specific, related amendments. neither the commission's procedural rules nor its mapping decisions are subject to the "state administrative procedure act", Article 4 of title 24, C.R.S., or any successor statute. Rules must include but need not be limited to the following:
(ii) maintenance of a record of the commission's activities and proceedings, including a record of written and oral testimony received, and of the commission's directions to nonpartisan staff on proposed changes to any plan and the commission's rationale for such changes;
(iii) the process for removing commissioners for participating in communications prohibited under this section;
(iv) the process for recommending changes to plans submitted to the commission by nonpartisan staff; and
(v) the adoption of a statewide meeting and hearing schedule, including the necessary elements of electronic attendance at a commission hearing.
(2) Voting requirements.
A simple majority of the appointed commissioners may approve rules and procedural decisions.the election of the commission's chair and vice-chair requires the affirmative vote of at least eight commissioners, including the affirmative vote of at least one commissioner who is unaffiliated with any political party. Removal of any commissioner as provided in this section requires the affirmative vote of at least eight commissioners, including the affirmative vote of at least two commissioners who are unaffiliated with any political party. Adoption of the final plan for submission to the supreme court and the adoption of a revised plan after a plan is returned to the commission from the supreme court requires the affirmative vote of at least eight commissioners, including the affirmative vote of at least two commissioners who are unaffiliated with any political party. The commission shall not vote upon a final plan until at least seventy-two hours after it has been proposed to the commission in a public meeting or at least seventy-two hours after it has been amended by the commission in a public meeting, whichever occurs later; except that commissioners may unanimously waive the seventy-two hour requirement.(3) Public involvement - hearing process.
(b) The commission must, to the maximum extent practicable, provide opportunities for Colorado residents to present testimony at hearings held throughout the state. The commission shall not approve a redistricting map until at least three hearings have been held in each congressional district, including at least one hearing that is held in a location west of the continental divide and at least one hearing that is held in a location east of the continental divide and either south of El Paso County's southern boundary or east of Arapahoe County's eastern boundary. No gathering of commissioners can be considered a hearing for this purpose unless it is attended, in person or electronically, by at least ten commissioners. The commission shall establish by rule the necessary elements of electronic attendance at a commission hearing.
(c) The commission shall maintain a website or comparable means of communicating with the public through which any colorado resident may submit proposed maps or written comments, or both, without attending a hearing of the commission.
(d) The commission shall publish all written comments pertaining to redistricting on its website or comparable means of communicating with the public as well as the name of the colorado resident submitting such comments. If the commission or nonpartisan staff have a substantial basis to believe that the person submitting such comments has not truthfully or accurately identified himself or herself, the commission need not consider and need not publish such comments but must notify the commenter in writing of this fact. The commission may withhold comments, in whole or in part, from the website or comparable means of communicating with the public that do not relate to redistricting maps, policies, or communities of interest.
(e) The commission shall provide simultaneous access to the regional hearings by broadcasting them via its website or comparable means of communicating with the public and maintain an archive of such hearings for online public review.
(4) Ethical obligations - transparency - lobbyist reporting.
(b) To ensure transparency in the redistricting process:
(b) Except as provided in subsection (4)(b)(i)(d) of this section, a commissioner shall not communicate with nonpartisan staff on the mapping of congressional districts unless the communication is during a public meeting or hearing of the commission.
(c) Except for public input and comment, nonpartisan staff shall not have any communications about the content or development of any plan outside of public hearings with anyone except other staff members. Nonpartisan staff shall report to the commission any attempt by anyone to exert influence over the staff's role in the drafting of plans.
(d) One or more nonpartisan staff may be designated to communicate with commissioners regarding administrative matters, the definition and scope of which shall be determined by the commission.
(e) Any commissioner who participates in a communication prohibited in this section must be removed from the commission, and such vacancy must be filled within seven days.
(iii) Persons who contract for or receive compensation for advocating to the commission, to one or more commissioners, or to the nonpartisan staff for the adoption or rejection of any map, amendment to a map, mapping approach, or manner of compliance with any of the mapping criteria specified in section 44.3 of this Article V are lobbyists who must disclose to the secretary of state any compensation contracted for, compensation received, and the person or entity contracting or paying for their lobbying services. Such disclosure must be made no later than seventy-two hours after the earlier of each instance of such lobbying or any payment of such compensation. The secretary of state shall publish on the secretary of state's website or comparable means of communicating with the public the names of such lobbyists as well as the compensation received and the persons or entities for whom they work within twenty-four hours of receiving such information. The secretary of state shall adopt rules to facilitate the complete and prompt reporting required by this subsection (complaint process to address any lobbyist's failure to report a full and accurate disclosure, which complaint must be heard by an administrative law judge, whose decision may be appealed to the court of appeals.
Art. V §44.3 | CRITERIA FOR DETERMINATIONS OF CONGRESSIONAL DISTRICTS - DEFINITION
(b) comply with the federal "voting rights act of 52 u.s.c. sec. 50301, as amended.
(b) districts must be as compact as is reasonably possible.
(b) In its hearings in various locations in the state, the commission shall solicit evidence relevant to competitiveness of elections in Colorado and shall assess such evidence in evaluating proposed maps.
(c) When the commission approves a plan, or when nonpartisan staff submits a plan in the absence of the commission's approval of a plan as provided in section 44.4 of this Article V, the nonpartisan staff shall, within seventy-two hours of such action, make publicly available, and include in the commission's record, a report to demonstrate how the plan reflects the evidence presented to, and the findings concerning, the extent to which competitiveness in district elections is fostered consistent with the other criteria set forth in this section.
(d) For purposes of this subsection (3), "competitive" means having a reasonable potential for the party affiliation of the district's representative to change at least once between federal decennial censuses. Competitiveness may be measured by factors such as a proposed district's past election results, a proposed district's political party registration data, and evidence-based analyses of proposed districts.
(b) it has been drawn for the purpose of or results in the denial or abridgement of the right of any citizen to vote on account of that person's race or membership in a language minority group, including diluting the impact of that racial or language minority group's electoral influence.
Art. V §44.4 | PREPARATION, AMENDMENT, AND APPROVAL OF PLANS - PUBLIC HEARINGS AND PARTICIPATION
(2) By July 7 of the redistricting year, the commission shall complete public hearings on the preliminary plan in several places throughout the state in accordance with section 44.2 of this Article V.
(3) Subsequent to hearings on the preliminary plan, nonpartisan staff shall prepare, publish online, and present to the commission no fewer than three plans, except as provided in subsection (5) of this section. These plans will be known as the "staff plans" and must be named and numbered sequentially for purposes of subsection (6) of this section. Staff plans must be prepared, published online, and presented in accordance with a timetable established by the commission; except that each staff plan must be presented to the commission no fewer than ten days after the presentation of any previous staff plan and no fewer than twenty-four hours after it has been published online. If the commission fails to establish a timetable for the presentation of staff plans within ten days after the completion of hearings on the preliminary plan, nonpartisan staff shall establish such timetable. Nonpartisan staff shall keep each plan confidential until it is published online or by a comparable means of communicating with the public using generally available technologies. The commission may provide direction, if approved by at least eight commissioners including at least one commissioner unaffiliated with any political party, for the development of staff plans through the adoption of standards, guidelines, or methodologies to which nonpartisan staff shall adhere, including standards, guidelines, or methodologies to be used to evaluate a plan's competitiveness, consistent with section 44.3(3)(d) of this Article V. In preparing all staff plans, nonpartisan staff shall also consider public testimony and public comments received by the commission that are consistent with the criteria specified in section 44.3 of this Article V.
(4) Any commissioner or group of commissioners may request nonpartisan staff to prepare additional plans or amendments to plans. Any such request must be made in a public hearing of the commission but does not require commission approval. Plans or amendments developed in response to such requests are separate from staff plans for purposes of subsection (6) of this section.
(5)
(b) No later than September 1 of the redistricting year, the commission shall adopt a final plan, which must then be submitted to the supreme court for its review and determination in accordance with section
(c) The commission may adjust the deadlines specified in this section if conditions outside of the commission's control require such an adjustment to ensure adopting a final plan as required by this subsection (5).
(d) The commission may grant nonpartisan staff the authority to make technical de minimis adjustments to the adopted plan prior to its submission to the supreme court.
Art. V §44.5 | SUPREME COURT REVIEW
(2) The supreme court shall approve the plan submitted unless it finds that the commission or nonpartisan staff, in the case of a staff plan submitted in the absence of a commission-approved plan, abused its discretion in applying or failing to apply the criteria listed in section 44.3 of this Article V, in light of the record before the commission. The supreme court may consider any maps submitted to the commission in assessing whether the commission or nonpartisan staff, in the case of a staff plan submitted in the absence of a commission-approved plan, abused its discretion.
(3) If the supreme court determines that the submitted plan constitutes an abuse of discretion in applying or failing to apply the criteria listed in section 44.3 of this Article V, in light of the record before the commission, the supreme court shall return the plan to the commission with the court's reasons for disapproval.
(4)
(b) If the court returns the plan to the commission, the commission shall have twelve days to hold a commission hearing that includes public testimony and to return an adopted plan that resolves the court's reasons for disapproval.
(c) If the commission fails to adopt and return a plan to the court within twelve days, nonpartisan staff shall have an additional three days to prepare a plan that resolves the court's reasons for disapproval and return it to the court for approval.
(d) The supreme court shall review the revised plan in accordance with subsections (1), (2), and (3) of this section.
Art. V §44.6 | SEVERABILITY
Art. V §45 | GENERAL ASSEMBLY
Art. V §46 | SENATORIAL AND REPRESENTATIVE DISTRICTS - COMMISSION CREATED
(1) Declaration of the people.
The people of the state of Colorado find and declare that:(b) the public's interest in prohibiting political gerrymandering is best achieved by creating a new and independent commission that is politically balanced, provides representation to voters not affiliated with either of the state's two largest parties, and utilizes nonpartisan legislative staff to draw maps;
(c) the redistricting commission should set district lines by ensuring constitutionally guaranteed voting rights, including the protection of minority group voting, as well as fair and effective representation of constituents using politically neutral criteria;
(d) competitive elections for members of the general assembly provide voters with a meaningful choice among candidates, promote a healthy democracy, help ensure that constituents receive fair and effective representation, and contribute to the political well-being of key communities of interest and political subdivisions;
(e) for years certain political interests opposed competitive districts in Colorado because they are primarily concerned about maintaining their own political power at the expense of fair and effective representation; and
(f) citizens want and deserve an inclusive and meaningful legislative redistricting process that provides the public with the ability to be heard as redistricting maps are drawn, to be able to watch the witnesses who deliver testimony and the redistricting commission's deliberations, and to have their written comments considered before any proposed map is voted upon by the commission as the final map.
(2) Legislative districts - commission created.
There is hereby created the independent legislative redistricting commission.The commission shall divide the state into as many senatorial and representative districts as there are members of the senate and house of representatives respectively. After each federal decennial census, the senatorial districts and representative districts shall be established, revised, or altered, and the member of the senate and the house of representatives apportioned among them, by the independent legislative redistricting commission.
(3) Definitions.
As used in this section and in sections 47 through 48.4 of this Article V, unless the context otherwise requires:(b)
(II) Such interests include but are not limited to matters reflecting:
(B) shared public policy concerns such as education, employment, environment, public health, transportation, water needs and supplies, and issues of demonstrable regional significance.
(IV) "Community of interest" does not include relationships with political parties, incumbents, or political candidates.
(d) "Redistricting year" means the year following the year in which the federal decennial census is taken.
(e) "Staff" or "Nonpartisan staff" means the staff of the general assembly's legislative council and office of legislative legal services, or their successor offices, who are assigned to assist the commission by the directors of those offices in accordance with section 48 of this Article V.
(4) Adjustment of dates.
If any date prescribed in sections 47 through 48.3 of this Article V falls on a Saturday, Sunday, or legal holiday, then the date is extended to the next day that is not a Saturday, Sunday, or legal holiday.Art. V §47 | COMMISSION COMPOSITION AND APPOINTMENT - VACANCIES
(2) the commission consists of twelve members who have the following qualifications:
(b) commissioners must either have been unaffiliated with any political party or have been affiliated with the same political party for a consecutive period of no less than five years at the time of the application; and
(c) no person may be appointed to or serve on the commission if he or she:
(II) is or has been, within the last three years preceding the date on which applications for appointment to the commission are due under subsection (4) of this section, compensated by a member of, or a campaign committee advocating the election of a candidate to, the general assembly;
(III) is or has been, within the last three years preceding the date on which applications for appointment to the commission are due under subsection (4) of this section, an elected public official at the federal, state, county, or municipal level in Colorado;
(IV) is or has been, within the last three years preceding the date on which applications for appointment to the commission are due under subsection (4) of this section, an elected political party official above the precinct level in Colorado or an employee of a political party;
(V) is a member of the commission responsible for dividing the state into congressional districts; or
(VI) is or has been a professional lobbyist registered to lobby with the state of Colorado, with any municipality in Colorado, or at the federal level within the last three years preceding the date on which applications for appointment to the commission are due under subsection (4) of this section.
(b) The application form must clearly state the legal obligations and expectations of potential appointees. Information required of applicants must include, but is not necessarily limited to, professional background, party affiliation, a description of past political activity, a list of all political and civic organizations to which the applicant has belonged within the previous five years, and whether the section. In addition, the application form must require the applicant to explain why they want to serve on the commission and afford the applicant an opportunity to make a statement about how they will promote consensus among commissioners if appointed to the commission. applicants may also choose to include up to four letters of recommendation with their application.
(5)
(b) All decisions of the panel regarding the selection of applicants pursuant to this section require the affirmative approval of all three members of the panel.
(c) The general assembly shall prescribe by law the compensation of members of the panel. Nonpartisan staff shall assist the panel in carrying out its duties.
(7) By January 25 of the redistricting year, the panel, in a public meeting, shall randomly select by lot from all of the applicants who were found to meet the qualifications specified in subsection (2) of this section the names of three hundred applicants who are affiliated with the state's largest political party, three hundred applicants who are affiliated with the state's second largest political party, and four hundred fifty applicants who are not affiliated with any political party, or such lesser number as there are total applicants who meet the qualifications specified in subsection (2) of this section for each of those groups.
(8)
(II) relevant analytical skills, the ability to be impartial, and the ability to promote consensus on the commission.
(II) two commissioners who are affiliated with the state's largest political party; and
(III) two commissioners who are affiliated with the state's second largest political party.
(b) as determined by the legislative leaders in selecting their respective pools, the applicants selected for each pool must meet the qualifications set forth in subsection (2) of this section and demonstrate the qualities listed in subsection (8)(a) of this section.
(c) for each congressional district not represented by a commissioner appointed pursuant to subsections (8)(b) and (8)(c) of this section, each pool must consist of at least one applicant who is registered to vote in that congressional district.
(d) If there is an insufficient number of available applicants that meet the requirements of subsection (9)(b) of this section to select any complete pool, then the pool must consist of only those applicants who meet those requirements.
(b) ensure that at least one commissioner is registered to vote in each congressional district but no more than two commissioners are registered to vote in any single congressional district;
(c) ensure that at least one commissioner resides west of the continental divide; and
(d) ensure that all commissioners meet the qualifications set forth in subsection (2) of this section and demonstrate the qualities listed in subsection (8)(a) of this section.
(b) Any vacancy on the commission, including one that occurs due to death, resignation, removal, failure to meet the qualifications of appointment, refusal or inability to accept an appointment, or otherwise, must be filled as soon as possible by the designated appointing authority from the designated pool of eligible applicants for that commissioner's position and in the same manner as the originally chosen commissioner; except that no commissioner chosen to fill a vacancy will be bypassed for appointment if all congressional districts are already represented on the commission.
Art. V §48 | COMMISSION ORGANIZATION - PROCEDURES - TRANSPARENCY - VOTING REQUIREMENTS
(1) initial organization, officers, procedures, rules, and transparency.
(b) The director of research of the legislative council and the director of the office of legislative legal services, or the directors of successor nonpartisan offices of the general assembly, shall appoint nonpartisan staff from their respective offices as needed to assist the commission and the panel of judges as described in section 47 of this article V. Nonpartisan staff shall acquire and prepare all necessary resources, including computer hardware, software, and demographic, geographic, and political databases, as far in advance as necessary to enable the commission to begin its work immediately upon convening.
(c) The commission may retain legal counsel in all actions and proceedings in connection with the performance of its powers, duties, and functions, including representation of the commission before any court.
(d) The general assembly shall appropriate sufficient funds for the payment of the expenses of the commission, the compensation and expenses of nonpartisan staff, and the compensation and expenses of the panel of judges as described in section 47 of this article V. Members of the commission shall be reimbursed for their reasonable and necessary expenses and may also receive such per diem allowance as may be established by the general assembly. Subject to available appropriations, hardware and software necessary for the development of plans may, at the request of any commissioner, be provided to the commissioner. The commission and its staff must have access to statistical information compiled by the state and its political subdivisions as necessary for its duties. State agencies and political subdivisions shall comply with requests from the commission and its staff for such statistical information.
(e) The commission shall adopt rules to govern its administration and operation. The commission must provide at least seventy-two hours of advance public notice of all proposed rules prior to consideration for adoption; except that proposed rules may be amended during commission deliberations without such advance notice of specific, related amendments. neither the commission's procedural rules nor its mapping decisions are subject to the "state administrative procedure act", article 4 of title 24, C.R.S., or any successor statute. Rules must include but need not be limited to the following:
(II) maintenance of a record of the commission's activities and proceedings, including a record of written and oral testimony received, and of the commission's directions to nonpartisan staff on proposed changes to any plan and the commission's rationale for such changes;
(III) the process for removing commissioners for participating in communications prohibited under this section;
(IV) the process for recommending changes to plans submitted to the commission by nonpartisan staff; and
(V) the adoption of a statewide meeting and hearing schedule, including the necessary elements of electronic attendance at a commission hearing.
(2) Voting requirements.
A simple majority of the appointed commissioners may approve rules and procedural decisions. The election of the commission's chair and vice-chair requires the affirmative vote of at least eight commissioners, including the affirmative vote of at least one commissioner who is unaffiliated with any political party. Removal of any commissioner as provided in this section requires the affirmative vote of at least eight commissioners, including the affirmative vote of at least two commissioners who are unaffiliated with any political party. Adoption of the final plan for submission to the supreme court and the adoption of a revised plan after a plan is returned to the commission from the supreme court requires the affirmative vote of at least eight commissioners, including the affirmative vote of at least two commissioners who are unaffiliated with any political party. The commission shall not vote upon a final plan until at least seventy-two hours after it has been proposed to the commission in a public meeting or at least seventy-two hours after it has been amended by the commission in a public meeting, whichever occurs later; except that commissioners may unanimously waive the seventy-two hour requirement.(3) Public involvement - hearing process.
(b) The commission must, to the maximum extent practicable, provide opportunities for Colorado residents to present testimony at hearings held throughout the state. The commission shall not approve a redistricting map until at least three hearings have been held in each congressional district, including at least one hearing that is held in a location west of the continental divide and at least one hearing that is held in a location east of the continental divide and either south of El Paso County's southern boundary or east of Arapahoe County's eastern boundary. No gathering of commissioners can be considered a hearing for this purpose unless it is attended, in person or electronically, by at least ten commissioners. The commission shall establish by rule the necessary elements of electronic attendance at a commission hearing.
(c) The commission shall maintain a website or comparable means of communicating with the public through which any Colorado resident may submit proposed maps or written comments, or both, without attending a hearing of the commission.
(d) The commission shall publish all written comments pertaining to redistricting on its website or comparable means of communicating with the public as well as the name of the Colorado resident submitting such comments. If the commission or nonpartisan staff have a substantial basis to believe that the person submitting such comments has not truthfully or accurately identified himself or herself, the commission need not consider and need not publish such comments but must notify the commenter in writing of this fact. The commission may withhold comments, in whole or in part, from the website or comparable means of communicating with the public that do not relate to redistricting maps, policies, or communities of interest.
(e) The commission shall provide simultaneous access to the regional hearings by broadcasting them via its website or comparable means of communicating with the public and maintain an archive of such hearings for online public review.
(4) Ethical obligations - transparency - lobbyist reporting.
(b) to ensure transparency in the redistricting process:
(B) Except as provided in subsection (4)(b)(i)(d) of this section, a commissioner shall not communicate with nonpartisan staff on the mapping of legislative districts unless the communication is during a public meeting or hearing of the commission.
(C) Except for public input and comment, nonpartisan staff shall not have any communications about the content or development of any plan outside of public hearings with anyone except other staff members. nonpartisan staff shall report to the commission any attempt by anyone to exert influence over the staff's role in the drafting of plans.
(D) one or more nonpartisan staff may be designated to communicate with commissioners regarding administrative matters, the definition and scope of which shall be determined by the commission.
(E) Any commissioner who participates in a communication prohibited in this section must be removed from the commission, and such vacancy must be filled within seven days.
(III) Persons who contract for or receive compensation for advocating to the commission, to one or more commissioners, or to nonpartisan staff for the adoption or rejection of any map, amendment to a map, mapping approach, or manner of compliance with any of the mapping criteria specified in section 48.1 of this article V are lobbyists who must disclose to the secretary of state any compensation contracted for, compensation received, and the person or entity contracting or paying for their lobbying services. such disclosure must be made no later than seventy-two hours after the earlier of each instance of such lobbying or any payment of such compensation.the secretary of state shall publish on the secretary of state's website or comparable means of communicating with the public the names of such lobbyists, as well as the compensation received and the persons or entities for whom they work within twenty-four hours of receiving such information. The secretary of state shall adopt rules to facilitate the complete and prompt reporting required by this subsection (4)(b)(iii) as well as a complaint process to address any lobbyist's failure to report a full and accurate disclosure, which complaint must be heard by an administrative law judge, whose decision may be appealed to the court of appeals.
Art. V §48.1 | CRITERIA FOR DETERMINATION OF LEGISLATIVE DISTRICTS - DEFINITION
(b) comply with the federal "voting rights act of 1965", 52 U.S.C. Sec. 5030, as amended.
(b) Districts must be as compact as is reasonably possible.
(b) In its hearings in various locations in the state, the commission shall solicit evidence relevant to competitiveness of elections in Colorado and shall assess such evidence in evaluating proposed maps.
(c) When the commission approves a plan, or when nonpartisan staff submits a plan in the absence of the commission's approval of a plan as provided in section 48.2 of this article V, the nonpartisan staff shall, within seventy-two hours of such action, make publicly available, and include in the commission's record, a report to demonstrate how the plan reflects the evidence presented to, and the findings concerning, the extent to which competitiveness in district elections is fostered consistent with the other criteria set forth in this section.
(d) for purposes of this subsection (3), "competitive" means having a reasonable potential for the party affiliation of the district's representative to change at least once between federal decennial censuses. Competitiveness may be measured by factors such as a proposed district's past election results, a proposed district's political party registration data, and evidence-based analyses of proposed districts.
(b) it has been drawn for the purpose of or results in the denial or abridgement of the right of any citizen to vote on account of that person's race or membership in a language minority group, including diluting the impact of that racial or language minority group's electoral influence.
Art. V §48.2 | PREPARATION, AMENDMENT, AND APPROVAL OF PLANS - PUBLIC HEARINGS AND PARTICIPATION
(2) By July 21 of the redistricting year, the commission shall complete public hearings on the preliminary senate plan and the preliminary house plan in several places throughout the state in accordance with section 48 of this article V.
(3) Subsequent to hearings on the preliminary senate plan and the preliminary house plan, nonpartisan staff shall prepare, publish online, and present to the commission no fewer than three plans for the state senate and three plans for the state house of representatives, except as provided in subsection (5) of this section. These plans will be known as the "staff plans" and must be named and numbered sequentially for purposes of subsection (6) of this section. Staff plans must be prepared, published online, and presented in accordance with a timetable established by the commission; except that each staff plan must be presented to the commission no fewer than ten days after the presentation of any previous staff plan, and no fewer than twenty-four hours after it has been published online. If the commission fails to establish a timetable for the presentation of staff plans within ten days after the completion of hearings on the preliminary plan, nonpartisan staff shall establish such timetable. nonpartisan staff shall keep each plan confidential until it is published online or by a comparable means of communicating with the public using generally available technologies. The commission may provide direction, if approved by at least eight commissioners including at least one commissioner unaffiliated with any political party, for the development of staff plans through the adoption of standards, guidelines, or methodologies to which nonpartisan staff shall adhere, including standards, guidelines, or methodologies to be used to evaluate a plan's competitiveness, consistent with subsection (3)(d) of section 48.1 of this article V. In preparing all staff plans, nonpartisan staff shall also consider public testimony and public comments received by the commission that are consistent with the criteria specified in section 48.1 of this article V.
(4) Any commissioner or group of commissioners may request nonpartisan staff to prepare additional plans or amendments to plans. Any such request must be made in a public hearing of the commission but does not require commission approval. Plans or amendments developed in response to such requests are separate from staff plans, for purposes of subsection (6) of this section.
(5)
(b) No later than September 15 of the redistricting year, the commission shall adopt final senate and house plans, which must then be submitted to the supreme court for its review and determination in accordance with section 48.3 of this article V.
(c) The commission may adjust the deadlines specified in this section if conditions outside of the commission's control require such an adjustment to ensure adopting a final plan as required by this subsection (5).
(d) The commission may grant its nonpartisan staff the authority to make technical de minimis adjustments to the adopted senate and house plans prior to their submission to the supreme court.
Art. V §48.3 | SUPREME COURT REVIEW
(2) The supreme court shall approve the plans submitted unless it finds that the commission or nonpartisan staff, in the case of a staff plan submitted in the absence of a commission-approved plan, abused its discretion in applying or failing to apply the criteria listed in section 48.1 of this article V, in light of the record before the commission. The supreme court may consider any maps submitted to the commission in assessing whether the commission or nonpartisan staff, in the case of a staff plan submitted in the absence of a commission-approved plan, abused its discretion.
(3) If the supreme court determines that the submitted state senate plan or the submitted state house of representatives plan constitutes an abuse of discretion in applying or failing to apply the criteria listed in section this article V, in light of the record before the commission, the supreme court shall return the respective plan to the commission with the court's reasons for disapproval.
(4)
(b) If the court returns a plan to the commission, the commission shall have twelve days to hold a commission hearing that includes public testimony and to return an adopted plan that resolves the court's reasons for disapproval.
(c) If the commission fails to adopt and return a plan to the court within twelve days, nonpartisan staff shall have an additional three days to prepare a plan that resolves the court's reasons for disapproval and return it to the court for approval.
(d) The supreme court shall review the revised plan in accordance with subsections (1), (2), and (3) of this section.
Art. V §48.4 | SEVERABILITY
Art. V §49 | APPOINTMENT OF STATE AUDITOR - TERM - QUALIFICATIONS - DUTIES
(2) It shall be the duty of the state auditor to conduct post audits of all financial transactions and accounts kept by or for all departments, offices, agencies, and institutions of the state government, including educational institutions notwithstanding the provisions of section 14 of article IX of this constitution, and to perform similar or related duties with respect to such political subdivisions of the state as shall from time to time be required of him by law.
(3) Not more than three members of the staff of the state auditor shall be exempt from the personnel system of this state.
Art. V §50 | PUBLIC FUNDING OF ABORTION FORBIDDEN (REPEALED)
Judicial Department
Art. VI §1 | VESTMENT OF JUDICIAL POWER
Art. VI §2 | APPELLATE JURISDICTION
(2) Appellate review by the supreme court of every final judgment of the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver shall be allowed, and the supreme court shall have such other appellate review as may be provided by law. There shall be no appellate review by the district court of any final judgment of the probate court of the city and county of Denver or of the juvenile court of the city and county of Denver.
Art. VI §3 | ORIGINAL JURISDICTION - OPINIONS
Art. VI §4 | TERMS
Art. VI §5 | PERSONNEL OF COURT - DEPARTMENTS - CHIEF JUSTICE
(2) The supreme court shall select a chief justice from its own membership to serve at the pleasure of a majority of the court, who shall be the executive head of the judicial system.
(3) The supreme court shall appoint a court administrator and such other personnel as the court may deem necessary to aid the administration of the courts. Whenever the chief justice deems assignment of a judge necessary to the prompt disposition of judicial business, he may:
(b) assign any district, probate, or juvenile judge, or retired justice or district, probate, or juvenile judge who consents, temporarily to perform judicial duties in any court. For each day of such temporary service a retired justice or judge shall receive compensation in an amount equal to 1/20 of the monthly salary then currently applicable to the judicial position in which the temporary service is rendered.
Art. VI §6 | ELECTION OF JUDGES. (REPEALED)
Art. VI §7 | TERM OF OFFICE
Art. VI §8 | QUALIFICATIONS OF JUSTICES
Art. VI §9 | DISTRICT COURTS - JURISDICTION
(2) Effective the second Tuesday in January, 1965, all causes pending before the county court in each county, except those causes within the jurisdiction of the county court as provided by law, and except as provided in subsection (3) of this section, shall then be transferred to and pending in the district court of such county, and no bond or obligation given in any of said causes shall be affected by said transfer.
(3) In the city and county of Denver, exclusive original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians, conservators and administrators, and settlement of their accounts, the adjudication of the mentally ill, and such other jurisdiction as may be provided by law shall be vested in a probate court, created by section 1 of this article, and to which court all of such jurisdiction of the county court of the city and county of Denver shall be transferred, including all pending cases and matters, effective on the second Tuesday of January, 1965.
Art. VI §10 | JUDICIAL DISTRICTS - DISTRICT JUDGES
Art. VI §11 | QUALIFICATIONS OF DISTRICT JUDGES
Art. VI §12 | TERMS OF COURT
Art. VI §13 | DISTRICT ATTORNEYS - ELECTION - TERM - SALARY - QUALIFICATIONS
Art. VI §14 | PROBATE COURT - JURISDICTION - JUDGES - ELECTION - TERM - QUALIFICATIONS
Art. VI §15 | JUVENILE COURT - JURISDICTION - JUDGES - ELECTION - TERM - QUALIFICATIONS
Art. VI §16 | COUNTY JUDGES - TERMS - QUALIFICATIONS
Art. VI §17 | COUNTY COURTS - JURISDICTION - APPEALS
Art. VI §18 | COMPENSATION AND SERVICES
Art. VI §19 | LAWS RELATING TO COURTS - UNIFORM
Art. VI §20 | VACANCIES
(2) All justices and judges of courts of record holding office on the effective date of this constitutional amendment shall continue in office for the remainder of the respective terms for which they were elected or appointed. Retention in office thereafter shall be by election as prescribed in section 25.
(3) Other vacancies occurring in judicial offices shall be filled as now or hereafter provided by law.
(4) Vacancies occurring in the office of district attorney shall be filled by appointment of the governor. District attorneys appointed under the provisions of this section shall hold office until the next general election and until their successors elected thereat shall be duly qualified. Such successors shall be elected for the remainder of the unexpired term in which the vacancy was created.
Art. VI §21 | RULE-MAKING POWER
Art. VI §22 | PROCESS - PROSECUTION - IN NAME OF PEOPLE
Art. VI §23 | RETIREMENT AND REMOVAL OF JUSTICES AND JUDGES
(2) Whenever a justice or judge of any court of this state has been convicted in any court of this state or of the United States or of any state, of a felony or other offense involving moral turpitude, the supreme court shall, of its own motion or upon petition filed by any person, and upon finding that such a conviction was had, enter its order suspending said justice or judge from office until such time as said judgment of conviction becomes final, and the payment of salary of said justice or judge shall also be suspended from the date of such order. If said judgment of conviction becomes final, the supreme court shall enter its order removing said justice or judge from office and declaring his office vacant and his right to salary shall cease from the date of the order of suspension. If said judgment of conviction is reversed with directions to enter a judgment of acquittal or if reversed for a new trial which subsequently results in a judgment of dismissal or acquittal, the supreme court shall enter its order terminating the suspension of said justice or judge and said justice or judge shall be entitled to his salary for the period of suspension. A plea of guilty or nolo contendere to such a charge shall be equivalent to a final conviction for the purpose of this section.
(3)
(b) Each member shall be appointed to a four-year term; except that onehalf of the initial membership in each category shall be appointed to twoyear terms, for the purpose of staggering terms. Whenever a commission membership prematurely terminates or a member no longer possesses the specific qualifications for the category from which he was selected, his position shall be deemed vacant, and his successor shall be appointed in the same manner as the original appointment for the remainder of his term. A member shall be deemed to have resigned if that member is absent from three consecutive commission meetings without the commission having entered an approval for additional absences upon its minutes. If any member of the commission is disqualified to act in any matter pending before the commission, the commission may appoint a special member to sit on the commission solely for the purpose of deciding that matter.
(c) No member of the commission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board, and lodging and any other expenses incurred in the performance of his duties, to be paid by the supreme court from its budget to be appropriated by the general assembly.
(c.5)
(II) Upon order of a formal hearing pursuant to subsection (3)(e) of this section, a panel of the adjudicative board shall convene to conduct the hearing. A panel consists of one judge, one attorney licensed to practice law in Colorado, and one citizen. The state court administrator, or the administrator's designee, shall randomly select the panel from among the adjudicative board's membership. The random selection of a panel is a purely administrative function.
(e)
(II) After a formal hearing the adjudicative panel may dismiss the charges before it; take informal remedial action, or order the removal, retirement, suspension, censure, reprimand, or other discipline, as the case may be, of the justice or judge. The adjudicative panel may also order that the costs of the investigation and hearing be assessed against such justice or judge. The justice or judge may appeal an adjudicative panel's disciplinary order, and the commission may appeal an adjudicative panel's dismissal or disciplinary order, to the Supreme Court, or, when the circumstances described in subsection (3)(f)(II) are present, to the tribunal described in subsection (3)(f)(II) of this section. The respondent justice or judge may appeal the commission's order for the informal remedial action to a panel of the adjudicative board. The adjudicative panel shall review the commission's informal remedial action order for abuse of discretion. An appeal of an informal remedial action order is confidential consistent with subsection (3)(g) of this section.
(II) In proceedings in which the circumstances described in this subsection (3)(f)(II) are present, a tribunal comprised of seven judges of the court of appeals and district court shall review the decision of the adjudicative panel or hear any other appeal in the same manner and use the same standards of review as the supreme court when it reviews decisions and hears appeals as described in subsection (3)(f)(I) of this section. The state court administrator, or the administrator's designee, shall randomly select members of the tribunal from among all district judges and court of appeals judges who do not have a current disciplinary investigation or proceeding pending before the commission or adjudicative board; have not received a disciplinary sanction from the commission, adjudicative board, or supreme court; and are not other wise required by law, court rule, or judicial canon to recuse themselves from the tribunal. A tribunal must not include more than one member who is a court of appeals judge and not more than one district judge from any one judicial district. The random selection of tribunal members is a purely administrative function. The tribunal shall review decisions and hear any other appeals in the following circumstances:
(B) When a Colorado Supreme Court Justice is a complainant Or a material witness in the proceeding;
(C) When a staff member to a Colorado Supreme Court Justice is a complainant or material witness in the proceeding;
(D) When a family member of a Colorado Supreme Court Justice is a complainant or material witness in the proceeding; or
(E) When any other circumstances exist due to which more than two Colorado Supreme Court Justices have recused themselves from the proceeding.
(IV) Upon an order for retirement, the justice or judge is tetired with the same rights and privileges as if the justice or judge retired pursuant to statute. Upon an order for removal, the justice or judge is removed from office and the justice's or judge's salary ceases from the date of the order. On the entry of an order for retirement or for removal of a justice or judge, the justice's or judge's office is deemed vacant.
(II) Notwithstanding the confidentiality requirement described in this subsection (3)(g), the commission may:
(B) Release information about a complaint that resulted in informal remedial action or public discipline of a judge or justice to the state court administrator as necessary for the selection of a tribunal pursuant to subsection (3)f)(li) of this section; any relevant commission on judicial performance or judicial nominating commission, the office of attorney regulation counsel, and the office of the presiding disciplinary judge, or successors to each commission or office; the office of the governor, for the purpose of judicial appointments; the judicial department, for the purpose of reviewing applicants for the senior judge program and appointments to the adjudicative board pursuant to subsection (3)(c.5)(1) of this section; and other limited recipients consistent with the purposes of this section allowed by rule; and
(C) Make publicly available aggregate information about trends or patterns in complaints made to the commission, but the commission shall not make public any information that identifies any specific person or complaint.
(IV) the general assembly may provide by law for confidential reporting and complainant rights consistent with subsection (3)(g)(il) of this section.
(i) Nothing contained in this subsection (3) shall be construed to have any effect on article XIII of this constitution.
(j) Repealed.
(k)
(II) The rule-making committee may promulgate specific rules governing proceedings before a panel of the adjudicative board. the Colorado rules of evidence and colorado rules of civil procedure, as amended, apply to proceedings before a panel of the adjudicative board until and unless the rule-making committee promulgates rules governing panel proceedings. rules promulgated pursuant to this subsection (3)(k)(il) apply to formal proceedings initiated on or after April 1, 2025.
Art. VI §24 | JUDICIAL NOMINATING COMMISSIONS
(2) The supreme court nominating commission shall consist of the chief justice or acting chief justice of the supreme court, ex officio, who shall act as chairman and shall have no vote, one citizen admitted to practice law before the courts of this state and one other citizen not admitted to practice law in the courts of this state residing in each congressional district in the state, and one additional citizen not admitted to practice law in the courts of this state. No more than onehalf of the commission members plus one, exclusive of the chief justice, shall be members of the same political party. Three voting members shall serve until December 31, 1967, three until December 31, 1969, and three until December 31, 1971. Thereafter each voting member appointed shall serve until the 31st of December of the 6th year following the date of his appointment.
(3) Each judicial district nominating commission shall consist of a justice of the supreme court designated by the chief justice, to serve at the will of the chief justice who shall act as chairman ex officio, and shall have no vote, and seven citizens residing in that judicial district, no more than four of whom shall be members of the same political party and there shall be at least one voting member from each county in the district. In all judicial districts having a population of more than 35,000 inhabitants as determined by the last preceding census taken under the authority of the United States, the voting members shall consist of three persons admitted to practice law in the courts of this state and four persons not admitted to practice law in the courts of this state. In judicial districts having a population of 35,000 inhabitants or less as determined above, at least four voting members shall be persons not admitted to practice law in the courts of this state; and it shall be determined by majority vote of the governor, the attorney general and the chief justice, how many, if any, of the remaining three members shall be persons admitted to practice law in the courts of this state. Two voting members shall serve until December 31, 1967, two until December 31, 1969, and three until December 31, 1971. Thereafter each voting member appointed shall serve until the 31st of December of the 6th year following the date of his appointment.
(4) Members of each judicial nominating commission selected by reason of their being citizens admitted to practice law in the courts of this state shall be appointed by majority action of the governor, the attorney general and the chief justice. All other members shall be appointed by the governor. No voting member of a judicial nominating commission shall hold any elective and salaried United States or state public office or any elective political party office and he shall not be eligible for reappointment to succeed himself on a commission. No voting member of the supreme court nominating commission shall be eligible for appointment as a justice of the supreme court or any intermediate appellate court so long as he is a member of that commission and for a period of three years thereafter; and no voting member of a judicial district nominating commission shall be eligible for appointment to judicial office in that district while a member of that commission and for a period of one year thereafter.
Art. VI §25 | ELECTION OF JUSTICES AND JUDGES
"Shall Justice (Judge) .... of the Supreme (or other) Court be retained in office? YES/..../NO/..../." If a majority of those voting on the question vote "Yes," the justice or judge is thereupon elected to a succeeding full term. If a majority of those voting on the question vote "No," this will cause a vacancy to exist in that office at the end of his then present term of office.In the case of a justice of the supreme court or any intermediate appellate court, the electors of the state at large; in the case of a judge of a district court, the electors of that judicial district; and in the case of a judge of the county court or other court of record, the electors of that county; shall vote on the question of retention in office of the justice or judge.
Art. VI §26 | DENVER COUNTY JUDGES
Suffrage and Elections
Art. VII §1 | QUALIFICATIONS OF ELECTOR
Art. VII §1a | QUALIFICATIONS OF ELECTOR - RESIDENCE ON FEDERAL LAND
Any person who otherwise meets the requirements of law for voting in this state shall not be denied the right to vote in an election because of residence on land situated within this state that is under the jurisdiction of the United States.
Art. VII §2 | SUFFRAGE TO WOMEN. (REPEALED)
Art. VII §3 | EDUCATIONAL QUALIFICATIONS OF ELECTOR. (DELETED BY AMENDMENT.)
Art. VII §4 | WHEN RESIDENCE DOES NOT CHANGE
Art. VII §5 | PRIVILEGE OF VOTERS
Art. VII §6 | ELECTORS ONLY ELIGIBLE TO OFFICE
Art. VII §7 | GENERAL ELECTION
Art. VII §8 | ELECTIONS BY BALLOT OR VOTING MACHINE
When the governing body of any county, city, city and county or town, including the city and county of Denver, and any city, city and county or town which may be governed by the provisions of special charter, shall adopt and purchase a voting machine, or voting machines, such governing body may provide for the payment therefore by the issuance of interest bearing bonds, certificates of indebtedness or other obligations, which shall be a charge upon such city, city and county, or town; such bonds, certificates or other obligations may be made payable at such time or times, not exceeding ten years from date of issue, as may be determined, but shall not be issued or sold at less than par.
Art. VII §9 | NO PRIVILEGE TO WITNESS IN ELECTION TRIAL
Art. VII §10 | DISFRANCHISEMENT DURING IMPRISONMENT
Art. VII §11 | PURITY OF ELECTIONS
Art. VII §12 | ELECTION CONTESTS - BY WHOM TRIED
State Institutions
Art. VIII §1 | ESTABLISHED AND SUPPORTED BY STATE
Art. VIII §2 | SEAT OF GOVERNMENT - WHERE LOCATED
Art. VIII §3 | SEAT OF GOVERNMENT - HOW CHANGED - DEFINITIONS
(2) Notwithstanding the provisions of subsection (1) of this section, if the governor determines that a disaster emergency exists that substantially affects the ability of the state government to operate in the city and county of Denver, the governor may issue an executive order declaring a disaster emergency. After declaring the disaster emergency and after consulting with the chief justice of the supreme court, the president of the senate, and the speaker of the house of representatives, the governor may designate a temporary meeting location for the general assembly.
(3) After the declaration of a disaster emergency by the governor, the general assembly shall convene at the temporary meeting location, whether during regular session or in a special session convened by the governor or by written request by two-thirds of the members of each house. The general assembly, acting by bill, may then designate a temporary location for the seat of government. The bill shall contain a date on which the temporary location of the seat of government shall expire.
(4) As used in this section:
(b) "Seat of government" means the location of the legislative, executive, and judicial branches of the state of Colorado.
Art. VIII §4 | APPROPRIATION FOR CAPITOL BUILDING. (REPEALED)
Art. VIII §5 | EDUCATIONAL INSTITUTIONS
(2) The governing boards of the state institutions of higher education, whether established by this constitution or by law, shall have the general supervision of their respective institutions and the exclusive control and direction of all funds of and appropriations to their respective institutions, unless otherwise provided by law.
Education
Art. IX §1 | SUPERVISION OF SCHOOLS - BOARD OF EDUCATION
(2) The commissioner of education shall be appointed by the board of education and shall not be included in the classified civil service of the state.
(3) The qualifications, tenure, compensation, powers, and duties of said commissioner shall be as prescribed by law, subject to the supervision of said board.
Art. IX §2 | ESTABLISHMENT AND MAINTENANCE OF PUBLIC SCHOOLS
Art. IX §3 | SCHOOL FUND INVIOLATE
Art. IX §4 | COUNTY TREASURER TO COLLECT AND DISBURSE
Art. IX §5 | OF WHAT SCHOOL FUND CONSISTS
Art. IX §6 | COUNTY SUPERINTENDENT OF SCHOOLS
The provisions of section 8 of article XIV of this constitution to the contrary notwithstanding, the office of county superintendent of schools may be abolished by any county if the question of the abolishment of said office is first submitted, at a general election, to a vote of the qualified electors of said county and approved by a majority of the votes cast thereon. In any county so voting in favor of such abolishment, the office of county superintendent of schools and the term of office of any incumbent in said county shall terminate on June 30 following.
Art. IX §7 | AID TO PRIVATE SCHOOLS, CHURCHES, SECTARIAN PURPOSE, FORBIDDEN
Art. IX §8 | RELIGIOUS TEST AND RACE DISCRIMINATION FORBIDDEN - SECTARIAN TENETS
Art. IX §9 | STATE BOARD OF LAND COMMISSIONERS
(2) The governor shall endeavor to appoint members of the board who reside in different geographic regions of the state. The board shall be composed of one person with substantial experience in production agriculture, one person with substantial experience in public primary or secondary education, one person with substantial experience in local government and land use planning, one person with substantial experience in natural resource conservation, and one citizen at large.
(3) The governor shall appoint a new board of land Commissioners on or before May 1, 1997. The term of each member shall be for four years; except that of the first board members appointed under this subsection (3), two members shall be appointed for terms that expire June 30, 1999, and three members shall be appointed for terms that expire June 30, 2001. The terms of office of the members of the board appointed prior to the effective date of this subsection (3) shall expire upon the confirmation of the first three members of the board appointed under this subsection (3). No member shall serve more than two consecutive terms. Members of the board shall be subject to removal, and vacancies of the board shall be filled, as provided in article IV, section 6 of this constitution.
(4) The board shall, pursuant to section 13 of article XII of this constitution, hire a director with the consent of the governor; and, through the director, a staff, and may contract for office space, acquire equipment and supplies, and enter into contracts as necessary to accomplish its duties. Payments for goods, services, and personnel shall be made from the income from the trusts lands. The general assembly shall annually appropriate from the income from the trusts lands, sufficient moneys to enable the board to perform its duties and in that regard shall give deference to the board's assessment of its budgetary needs. The members of the board shall not, by virtue of their appointment, be employees of the state, they may be reimbursed for their necessary and reasonable expenses and may, in addition, receive such per diem as may be established by the general assembly, from the income from trust lands.
(5) The individual members of the board shall have no personal liability for any action or failure to act as long as such action or failure to act does not involve willful for intentional malfeasance or gross negligence.
(6) The board shall serve as the trustee for the lands granted to the state in public trust by the federal government, lands acquired in lieu thereof, and additional lands held by the board in public trust. It shall have the duty to manage, control, and dispose of such lands in accordance with the purposes for which said grants of land were made and section 10 of this article IX, and subject to such terms and conditions consistent therewith as may be prescribed by law.
(7) The board shall have the authority to undertake nonsimultaneous exchanges of land, by directing that the proceeds from a particular sale or other disposition be deposited into a separate account to be established by the state treasurer with the interest thereon to accrue to such account, and withdrawing therefrom an equal or lesser amount to be used as the purchase price for the other land to be held and managed as provided in this article, provided that the purchase of lands to complete such an exchange shall be made within two years of the initial sale or disposition. Any proceeds, and the interest thereon, from a sale or other disposition which are not expended in completing the exchange shall be transferred by the state treasurer to the public school fund or such other trust fund maintained by the treasurer for the proceeds of the trust lands disposed of or sold. Moneys held in separate account shall not be used for the operating expenses of the board or for expenses incident to the disposition or acquisition of lands.
Art. IX §10 | SELECTION AND MANAGEMENT OF PUBLIC TRUST LANDS
(2) The governor shall endeavor to appoint members of the board who reside in different geographic regions of the state. The board shall be composed of one person with substantial experience in production agriculture, one person with substantial experience in public primary or secondary education, one person with substantial experience in local government and land use planning, one person with substantial experience in natural resource conservation, and one citizen at large.
(3) The governor shall appoint a new board of land commissioners on or before May 1, 1997. The term of each member shall be for four years; except that of the first board members appointed under this subsection (3), two members shall be appointed for terms that expire June 30, 1999, and three members shall be appointed for terms that expire June 30, 2001. No member shall serve more than two consecutive terms. Members of the board shall be subject to removal, and vacancies on the board shall be filled, as provided in article IV, section 6 of this constitution.
(4) The board shall, pursuant to section 13 of article XII of this constitution, hire a director with the consent of the governor, and, through the director, a staff, and may contract for office space, acquire equipment and supplies, and enter into contracts as necessary to accomplish its duties. Payment for goods, services, and personnel shall be made from the income from the trust lands. The general assembly shall annually appropriate from the income from the trust lands, sufficient moneys to enable the board to perform its duties and in that regard shall give deference to the board's assessment of its budgetary needs. The members of the board shall not, by virtue of their appointment, be employees of the state; they may be reimbursed for their reasonable and necessary expenses and may, in addition, receive such per diem as may be established by the general assembly, from the income from the trust lands.
(5) The individual members of the board shall have no personal liability for any action or failure to act as long as such action or failure to act does not involve willful or intentional malfeasance or gross negligence.
(6) The board shall serve as the trustee for the lands granted to the state in public trust by the federal government, lands acquired in lieu thereof, and additional lands held by the board in public trust. It shall have the duty to manage, control, and dispose of such lands in accordance with the purposes for which said grants of land were made and section 10 of this article IX, and subject to such terms and conditions consistent therewith as may be prescribed by law.
(7) The board shall have the authority to undertake nonsimultaneous exchanges of land, by directing that the proceeds from a particular sale or other disposition be deposited into a separate account to be established by the state treasurer with the interest thereon to accrue to such account, and withdrawing therefrom an equal or lesser amount to be used as the purchase price for other land to be held and managed as provided in this article, provided that the purchase of lands to complete such an exchange shall be made within two years of the initial sale or disposition. Any proceeds, and the interest thereon, from a sale or other disposition which are not expended in completing the exchange shall be transferred by the state treasurer to the public school fund or such other trust fund maintained by the treasurer for the proceeds of the trust lands disposed of or sold. Moneys held in the separate account shall not be used for the operating expenses of the board or for expenses incident to the disposition or acquisition of lands.
Art. IX §11 | COMPULSORY EDUCATION
Art. IX §12 | REGENTS OF UNIVERSITY
Art. IX §13 | PRESIDENT OF UNIVERSITY
Art. IX §14 | CONTROL OF UNIVERSITY. (REPEALED)
Art. IX §15 | SCHOOL DISTRICTS - BOARD OF EDUCATION
Art. IX §16 | TEXTBOOKS IN PUBLIC SCHOOLS
Art. IX §17 | EDUCATION - FUNDING
(1) PURPOSE.
In state fiscal year 2001-2002 through state fiscal year 2010-2011, the statewide base per pupil funding, as defined by the Public School Finance Act of 1994, article 54 of title 22, Colorado Revised Statutes on the effective date of this section, for public education from preschool through the twelfth grade and total state funding for all categorical programs shall grow annually at least by the rate of inflation plus an additional one percentage point. In state fiscal year 2011-2012, and each fiscal year thereafter, the statewide base per pupil funding for public education from preschool through the twelfth grade and total state funding for all categorical programs shall grow annually at a rate set by the general assembly that is at least equal to the rate of inflation.(2) DEFINITIONS.
For purposes of this section:(b) "Inflation" has the same meaning as defined in article X, section 20, subsection (2), paragraph (f) of the Colorado constitution.
(3) IMPLEMENTATION.
In state fiscal year 2001-2002 and each fiscal year thereafter, the general assembly may annually appropriate, and school districts may annually expend, monies from the state education fund created in subsection (4) of this section. Such appropriations and expenditures shall not be subject to the statutory limitation on general fund appropriations growth, the limitation on fiscal year spending set forth in article X, section 20 of the Colorado constitution, or any other spending limitation existing in law.(4) STATE EDUCATION FUND CREATED.
(b) In state fiscal year 2001-2002, and each fiscal year thereafter, the general assembly may annually appropriate monies from the state education fund. Monies in the state education fund may only be used to comply with subsection (1) of this section and for accountable education reform, for accountable programs to meet state academic standards, for class size reduction, for expanding technology education, for improving student safety, for expanding the availability of preschool and kindergarten programs, for performance incentives for teachers, for accountability reporting, or for public school building capital construction.
(5) MAINTENANCE OF EFFORT.
Monies appropriated from the state education fund shall not be used to supplant the level of general fund appropriations existing on the effective date of this section for total program education funding under the Public School Finance Act of 1994, article 54 of title 22, Colorado Revised Statutes, and for categorical programs as defined in subsection (2) of this section. In state fiscal year 2001-2002 through state fiscal year 2010-2011, the general assembly shall, at a minimum, annually increase the general fund appropriation for total program under the "Public School Finance Act of 1994," or any successor act, by an amount not below five percent of the prior year general fund appropriation for total program under the "Public School Finance Act of 1994," or any successor act. This general fund growth requirement shall not apply in any fiscal year in which Colorado personal income grows less than four and one half percent between the two previous calendar years.Revenue
Art. X §1 | FISCAL YEAR
Art. X §2 | TAX PROVIDED FOR STATE EXPENSES
Art. X §3 | HOMESTEAD EXEMPTION FOR QUALIFYING SENIOR CITIZENS AND DISABLED VETERANS
(b) Residential real property, which shall include all residential dwelling units and the land, as defined by law, on which such units are located, and mobile home parks, but shall not include hotels and motels, shall be valued for assessment. All other taxable property shall be valued for assessment. The valuation for assessment for producing mines, as defined by law, and lands or leaseholds producing oil or gas, as defined by law, shall be a portion of the actual annual or actual average annual production therefrom, based upon the value of the unprocessed material, according to procedures prescribed by law for different types of minerals. Non-producing unpatented mining claims, which are possessory interests in real property by virtue of leases from the United States of America, shall be exempt from property taxation.
(c) The following classes of personal property, as defined by law, shall be exempt from property taxation: Household furnishings and personal effects which are not used for the production of income at any time; inventories of merchandise and materials and supplies which are held for consumption by a business or are held primarily for sale; livestock; agricultural and livestock products; and agricultural equipment which is used on the farm or ranch in the production of agricultural products.
(d) Ditches, canals, and flumes owned and used by individuals or corporations for irrigating land owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed so long as they shall be owned and used exclusively for such purposes.
(b)
(II) If the study performed during the property tax year which commences January 1, 1984, shows that the county assessor failed to reappraise such class or classes as ordered or failed in his reappraisal to meet the objections of the state board of equalization, the state board of equalization shall cause a reappraisal of such class or classes to be performed in the property tax year which commences January 1, 1985. The cost of such reappraisal shall be paid by the state by an appropriation authorized by law. However, if such reappraisal shows that the county assessor did not value or assess taxable property as prescribed by the provisions of this constitution or of the statutes, upon certification to the board of county commissioners by the state board of equalization of the cost thereof, the board of county commissioners shall pay to the state the cost of such reappraisal.
(III) The reappraisal performed in the property tax year which commences January 1, 1985, shall become the county's abstract for assessment with regard to such reappraised class or classes for such year. The state board of equalization shall order the county's board of county commissioners to levy, and the board of county commissioners shall levy, in 1985 an additional property tax on all taxable property in the county in an amount sufficient to repay, and the board of county commissioners shall repay, the state for any excess payment made by the state to school districts within the county during the property tax year which commences January 1, 1985.
(II) If the valuation for assessment of a county as reflected in its abstract for assessment is more than five percent below the valuation for assessment for such county as determined by the study, during the next following year, the state board of equalization shall cause to be performed, at the expense of the county, a reappraisal of any class or classes of taxable property which the study shows were not appraised consistent with the property tax provisions of this constitution or the statutes. The state board of equalization shall cause to be performed during the next following year, at the expense of the county, a reappraisal of any class or classes of taxable property which the study shows were not appraised consistent with the property tax provisions of this constitution or the statutes even though the county's aggregate valuation for assessment as reflected in the county's abstract for assessment was not more than five percent below the county's aggregate valuation for assessment as determined by the study. The reappraisal shall become the county's valuation for assessment with regard to such reappraised class or classes for the year in which the reappraisal was performed.
(III) In any case in which a reappraisal is ordered, state equalization payments to school districts within the county during the year in which the reappraisal is performed shall be based upon the valuation for assessment as reflected in the county's abstract for assessment. The state board of equalization shall also order the board of county commissioners of the county to impose, and the board of county commissioners shall impose, at the time of imposition of property taxes during such year an additional property tax on all taxable property within the county in an amount sufficient to repay, and the board of county commissioners shall repay, the state for any excess payments made by the state to school districts within the county during the year in which such reappraisal was performed plus interest thereon at a rate and for such time as are prescribed by law.
(IV) If the valuation for assessment of a county as reflected in its abstract for assessment is more than five percent below the valuation for assessment for such county as determined by the study and if the state board of equalization fails to order a reappraisal, state equalization payments to school districts within the county during the year following the year in which the study was conducted shall be based upon the valuation for assessment for the county as reflected in the county's abstract for assessment. The board of county commissioners of such county shall impose in the year in which such school payments are made an additional property tax on all taxable property in the county in an amount sufficient to repay, and the board of county commissioners shall repay, the state for the difference between the amount the state actually paid in state equalization payments during such year and what the state would have paid during such year had such state payments been based on the valuation for assessment as determined by the study.
Art. X §3.5 | HOMESTEAD EXEMPTION FOR QUALIFYING SENIOR CITIZENS AND DISABLED VETERANS
(b) The owner-occupier is the spouse or surviving spouse of an owner-occupier who previously qualified for a property tax exemption for the same residential real property under paragraph (a) of this subsection (1); or
(c) For property tax years commencing on or after January 1, 2007, only, the owner-occupier, as of the assessment date, is a veteran with a disability.
(d) For property tax years commencing on or after January 1, 2023, only, the owner-occupier, as of the assessment date, is an eligible spouse.
(1.5) For purposes of this section, "veteran with a disability" means an individual who has served on active duty in the United States armed forces, including a member of the Colorado national guard who has been ordered into the active military service of the United States, has been separated therefrom under honorable conditions, and has established a service-connected disability that has been rated by the federal department of veterans affairs as one hundred percent permanent disability through disability retirement benefits or a pension pursuant to a law or regulation administered by the department, the department of homeland security, or the department of the army, navy, or air force or has individual unemployability status as determined by the United States Department of Veterans Affairs.
(1.7) As used in this section, "eligible spouse" means either a surviving spouse of a united states armed forces service member who died in the line of duty and received a death gratuity from the Department of Defense pursuant to 10 U.S.C. Sec. 1475 et seq. or a surviving spouse of a veteran whose death resulted from a service-related injury or disease as determined by the United States Department of Veterans Affairs if the surviving spouse is receiving dependency indemnity compensation awarded by the United States Department of Veterans Affairs pursuant to chapter 13 of Part II of Title 38 of the United States Code, Chapter 5 of Part I of Title 38 of the United States Code, and any other applicable provision of federal law.
(2) Notwithstanding the provisions of subsection (1) of this section, section 20 of this article, or any other constitutional provision, for any property tax year commencing on or after January 1, 2003, the general assembly may raise or lower by law the maximum amount of actual value of residential real property of which fifty percent shall be exempt under subsection (1) of this section.
(3) For any property tax year commencing on or after January 1, 2002, the general assembly shall compensate each local governmental entity that receives property tax revenues for the net amount of property tax revenues lost as a result of the property tax exemption provided for in this section. For purposes of section 20 of article X of this constitution, such compensation shall not be included in local government fiscal year spending and approval of this section by the voters statewide shall constitute a voter-approved revenue change to allow the maximum amount of state fiscal year spending for the 2001-02 state fiscal year to be increased by forty-four million one hundred twenty-three thousand six hundred four dollars and to include said amount in state fiscal year spending for said state fiscal year for the purpose of calculating subsequent state fiscal year spending limits. Payments made from the state general fund to compensate local governmental entities for property tax revenues lost as a result of the property tax exemption provided for in this section shall not be subject to any statutory limitation on general fund appropriations because the enactment of this section by the people of Colorado constitutes voter approval of a weakening of any such limitation.
Art. X §4 | PUBLIC PROPERTY EXEMPT
Art. X §5 | PROPERTY USED FOR RELIGIOUS WORSHIP, SCHOOLS AND CHARITABLE PURPOSES EXEMPT
Art. X §6 | SELF-PROPELLED EQUIPMENT, MOTOR VEHICLES, AND CERTAIN OTHER MOVABLE EQUIPMENT
Such graduated annual specific ownership tax shall be in addition to any state registration or license fees imposed on such property, shall be payable to a designated county officer at the same time as any such registration or license fees are payable, and shall be apportioned, distributed, and paid over to the political subdivisions of the state in such manner as may be prescribed by law.
All laws exempting from taxation property other than that specified in this article shall be void.
Art. X §7 | MUNICIPAL TAXATION BY GENERAL ASSEMBLY PROHIBITED
Art. X §8 | NO COUNTY, CITY, TOWN TO BE RELEASED
Art. X §9 | RELINQUISHMENT OF POWER TO TAX CORPORATIONS FORBIDDEN
Art. X §10 | CORPORATIONS SUBJECT TO TAX
Art. X §11 | MAXIMUM RATE OF TAXATION
Art. X §12 | PUBLIC FUNDS - REPORT OF STATE TREASURER
(2) The state treasurer shall keep adequate records of all moneys coming into his custody and shall at the end of each quarter of the fiscal year submit a written report to the governor, signed under oath, showing the condition of the state treasury, the amount of money in the several funds, and where such money is kept or deposited. Swearing falsely to any such report shall be deemed perjury.
(3) The governor shall cause every such quarterly report to be promptly published in at least one newspaper printed at the seat of government, and otherwise as the general assembly may require.
Art. X §13 | MAKING PROFIT ON PUBLIC MONEY - FELONY
Art. X §14 | PRIVATE PROPERTY NOT TAKEN FOR PUBLIC DEBT
Art. X §15 | BOARDS OF EQUALIZATION - DUTIES - PROPERTY TAX ADMINISTRATOR
(b) There shall be a state board of equalization, consisting of the governor or his designee, the speaker of the house of representatives or his designee, the president of the senate or his designee, and two members appointed by the governor with the consent of the senate. Each of such appointed members shall be a qualified appraiser or a former county assessor or a person who has knowledge and experience in property taxation. The general assembly shall provide by law for the political composition of such board and for the compensation of its members and, with regard to the appointed members, for terms of office, the filling of vacancies, and removal from office. As may be prescribed by law, the state board of equalization shall review the valuations determined for assessment of taxes upon the various classes of real and personal property located in the several counties of the state and shall, upon a majority vote, raise, lower, and adjust the same to the end that all valuations for assessment of taxes shall be just and equalized; except that said state board of equalization shall have no power of original assessment. Whenever a majority vote of the state board of equalization is prescribed by this constitution or by statute, "majority vote" means an affirmative vote of the majority of the entire membership of such board.
(c) The state board of equalization and the county boards of equalization shall perform such other duties as may be prescribed by law.
Art. X §16 | APPROPRIATIONS NOT TO EXCEED TAX - EXCEPTIONS
Art. X §17 | INCOME TAX
Art. X §18 | LICENSE FEES AND EXCISE TAXES - USE OF
Art. X §19 | STATE INCOME TAX LAWS BY REFERENCE TO UNITED STATES TAX LAWS
Art. X §20 | THE TAXPAYER’S BILL OF RIGHTS
(2) Term definitions. Within this section:
(b) "District" means the state or any local government, excluding enterprises.
(c) "Emergency" excludes economic conditions, revenue shortfalls, or district salary or fringe benefit increases.
(d) "Enterprise" means a government-owned business authorized to issue its own revenue bonds and receiving under 10% of annual revenue in grants from all Colorado state and local governments combined.
(e) "Fiscal year spending" means all district expenditures and reserve increases except, as to both, those for refunds made in the current or next fiscal year or those from gifts, federal funds, collections for another government, pension contributions by employees and pension fund earnings, reserve transfers or expenditures, damage awards, or property sales.
(f) "Inflation" means the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index.
(g) "Local growth" for a non-school district means a net percentage change in actual value of all real property in a district from construction of taxable real property improvements, minus destruction of similar improvements, and additions to, minus deletions from, taxable real property. For a school district, it means the percentage change in its student enrollment.
(b) At least 30 days before a ballot issue election, districts shall mail at the least cost, and as a package where districts with ballot issues overlap, a titled notice or set of notices addressed to "All Registered Voters" at each address of one or more active registered electors. The districts may coordinate the mailing required by this paragraph (b) with the distribution of the ballot information booklet required by section 1 (7.5) of article V of this constitution in order to save mailing costs. Titles shall have this order of preference:
"NOTICE OF ELECTION TO INCREASE TAXES/TO INCREASE DEBT/ON A CITIZEN PETITION/ON A REFERRED MEASURE."Except for district voter-approved additions, notices shall include only:
(ii) For proposed district tax or bonded debt increases, the estimated or actual total of district fiscal year spending for the current year and each of the past four years, and the overall percentage and dollar change.
(iii) For the first full fiscal year of each proposed district tax increase, district estimates of the maximum dollar amount of each increase and of district fiscal year spending without the increase.
(iv) For proposed district bonded debt, its principal amount and maximum annual and total district repayment cost, and the principal balance of total current district bonded debt and its maximum annual and remaining total district repayment cost.
(v) Two summaries, up to 500 words each, one for and one against the proposal, of written comments filed with the election officer by 45 days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the proposal. Petition representatives following these rules shall write this summary for their petition. The election officer shall maintain and accurately summarize all other relevant written comments. The provisions of this subparagraph (v) do not apply to a statewide ballot issue, which is subject to the provisions of section 1 (7.5) of article V of this constitution.
"SHALL (DISTRICT) TAXES BE INCREASED (first, or if phased in, final, full fiscal year dollar increase) ANNUALLY...?"
or
"SHALL (DISTRICT) DEBT BE INCREASED (principal amount), WITH A REPAYMENT COST OF (maximum total district cost), ...?"
(b) Except for refinancing district bonded debt at a lower interest rate or adding new employees to existing district pension plans, creation of any multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever without adequate present cash reserves pledged irrevocably and held for payments in all future fiscal years.
(6) Emergency taxes. This subsection grants no new taxing power. Emergency property taxes are prohibited. Emergency tax revenue is excluded for purposes of (3) (c) and (7), even if later ratified by voters. Emergency taxes shall also meet all of the following conditions:
(b) Emergency tax revenue shall be spent only after emergency reserves are depleted, and shall be refunded within 180 days after the emergency ends if not spent on the emergency.
(c) A tax not approved on the next election date 60 days or more after the declaration shall end with that election month.
(b) The maximum annual percentage change in each local district's fiscal year spending equals inflation in the prior calendar year plus annual local growth, adjusted for revenue changes approved by voters after 1991 and (8) (b) and (9) reductions.
(c) The maximum annual percentage change in each district's property tax revenue equals inflation in the prior calendar year plus annual local growth, adjusted for property tax revenue changes approved by voters after 1991 and (8) (b) and (9) reductions.
(d) If revenue from sources not excluded from fiscal year spending exceeds these limits in dollars for that fiscal year, the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Initial district bases are current fiscal year spending and 1991 property tax collected in 1992. Qualification or disqualification as an enterprise shall change district bases and future year limits. Future creation of district bonded debt shall increase, and retiring or refinancing district bonded debt shall lower, fiscal year spending and property tax revenue by the annual debt service so funded. Debt service changes, reductions, (1) and (3) (c) refunds, and voter-approved revenue changes are dollar amounts that are exceptions to, and not part of, any district base. Voter-approved revenue changes do not require a tax rate change.
(b) Each district may enact cumulative uniform exemptions and credits to reduce or end business personal property taxes.
(c) Regardless of reassessment frequency, valuation notices shall be mailed annually and may be appealed annually, with no presumption in favor of any pending valuation. Past or future sales by a lender or government shall also be considered as comparable market sales and their sales prices kept as public records. Actual value shall be stated on all property tax bills and valuation notices and, for residential real property, determined solely by the market approach to appraisal.
Art. X §21 | TOBACCO TAXES FOR HEALTH RELATED PURPOSES
(2) There are hereby imposed the following additional cigarette and tobacco taxes:
(b) A statewide tobacco products tax, on the sale, use, consumption, handling, or distribution of tobacco products by distributors, at the rate of twenty percent of the manufacturer's list price.
(4) All revenues received by operation of subsection (2) shall be excluded from fiscal year spending, as that term is defined in section 20 of article X of this constitution, and the corresponding spending limits upon state government and all local governments receiving such revenues.
(5) The revenues generated by operation of subsection (2) shall be appropriated annually by the general assembly only in the following proportions and for the following health related purposes:
(b) Nineteen percent (19percnt;) of such revenues shall be appropriated to fund comprehensive primary care through any Colorado qualified provider, as defined in the "Colorado Medical Assistance Act," article 4 of title 26, Colorado Revised Statutes, or any successor act, that meets either of the following criteria:
(II) At least 50percnt; of the patients served by the qualified provider are uninsured or medically indigent as defined in the "Colorado Medical Assistance Act," article 4 of title 26, Colorado Revised Statutes, or any successor act, or are enrolled in the children's basic health plan or the Colorado medical assistance program, or successor programs.
(c) Sixteen percent (16percnt;) of such revenues shall be appropriated for school and community-based and statewide tobacco education programs designed to reduce initiation of tobacco use by children and youth, promote cessation of tobacco use among youth and adults, and reduce exposure to second-hand smoke. Such revenues shall be appropriated through the "Tobacco Education, Prevention and Cessation Act", part 8 of article 3.5 of title 25, Colorado Revised Statutes, or any successor act.
(d) Sixteen percent (16percnt;) of such revenues shall be appropriated for the prevention, early detection, and treatment of cancer and cardiovascular and pulmonary diseases. Such revenues shall be appropriated to the prevention services division of the Colorado department of public health and environment, or successor agency, and shall be distributed statewide with oversight and accountability by the Colorado state board of health created by article 1 of title 25, Colorado Revised Statutes.
(e) Three percent (3percnt;) of such revenues shall be appropriated for health related purposes to provide revenue for the state's general fund, old age pension fund, and municipal and county governments to compensate proportionately for tax revenue reductions attributable to lower cigarette and tobacco sales resulting from the implementation of this tax.
(7) Notwithstanding any other provision of law, the general assembly may use revenue generated under this section for any health related purpose and to serve populations enrolled in the children's basic health plan and the Colorado medical assistance program at their respective levels of enrollment on the effective date of this section. Such use of revenue must be preceded by a declaration of a state fiscal emergency, which shall be adopted only by a joint resolution, approved by a two-thirds majority vote of the members of both houses of the general assembly and the governor. Such declaration shall apply only to a single fiscal year.
(8) Revenues appropriated pursuant to subsections (5) and (7) of this section shall not be subject to the statutory limitation on general fund appropriations growth or any other spending limitation existing in law.
(9) This section is effective January 1, 2005.
Public Indebtedness
Art. XI §1 | PLEDGING CREDIT OF STATE, COUNTY, CITY, TOWN OR SCHOOL DISTRICT FORBIDDEN
Art. XI §2 | NO AID TO CORPORATIONS - NO JOINT OWNERSHIP BY STATE, COUNTY, CITY, TOWN, OR SCHOOL DISTRICT
Art. XI §2a | STUDENT LOAN PROGRAM
Art. XI §3 | PUBLIC DEBT OF STATE - LIMITATIONS
Art. XI §4 | LAW CREATING DEBT
Art. XI §5 | DEBT FOR PUBLIC BUILDINGS - HOW CREATED
Art. XI §6 | LOCAL GOVERNMENT DEBT
(2) Except as may be otherwise provided by the charter of a home rule city and county, city, or town, the general assembly shall establish by statute limitations on the authority of any political subdivision to incur general obligation indebtedness in any form whether individually or by contract pursuant to article XIV, section 18(2)(a) of this constitution.
(3) Debts contracted by a home rule city and county, city, or town, statutory city or town or service authority for the purposes of supplying water shall be excepted from the operation of this section.
Art. XI §7 | STATE AND POLITICAL SUBDIVISIONS MAY GIVE ASSISTANCE TO ANY POLITICAL SUBDIVISION
Art. XI §8 | CITY INDEBTEDNESS; ORDINANCE, TAX, WATER OBLIGATIONS EXCEPTED. (REPEALED)
Art. XI §9 | THIS ARTICLE NOT TO AFFECT PRIOR OBLIGATIONS. (REPEALED)
Art. XI §10 | 1976 WINTER OLYMPICS. (DELETED BY AMENDMENT)
Officers
Art. XII §1 | WHEN OFFICE EXPIRES - SUSPENSION BY LAW
Art. XII §2 | PERSONAL ATTENTION REQUIRED
Art. XII §3 | DEFAULTING COLLECTOR DISQUALIFIED FROM OFFICE
Art. XII §4 | DISQUALIFICATIONS FROM HOLDING OFFICE OF TRUST OR PROFIT
Art. XII §5 | INVESTIGATION OF STATE AND COUNTY TREASURERS
Art. XII §6 | BRIBERY OF OFFICERS DEFINED
Art. XII §7 | BRIBERY - CORRUPT SOLICITATION
(2) The offense of corrupt solicitation of members of the general assembly or of public officers of the state or of any political subdivision thereof and any occupation or practice of solicitation of such members or officers to influence their official action shall be defined by law and shall be punished by fine, imprisonment, or both.
Art. XII §8 | OATH OF CIVIL OFFICERS
Art. XII §9 | OATHS - WHERE FILED
Art. XII §10 | REFUSAL TO QUALIFY - VACANCY
Art. XII §11 | ELECTED PUBLIC OFFICERS - TERM - SALARY - VACANCY
Art. XII §12 | DUEL - DISQUALIFIES FOR OFFICE. (DELETED BY AMENDMENT)
Art. XII §13 | STATE PERSONNEL SYSTEM - MERIT SYSTEM
(2)
(II) Members of any board or commission serving without compensation except for per diem allowances provided by law and reimbursement of expenses;
(III) The employees in the offices of the governor and the lieutenant governor whose functions are confined to such offices and whose duties are concerned only with the administration thereof;
(IV) Appointees to fill vacancies in elective offices;
(V) One deputy of each elective officer other than the governor and lieutenant governor specified in section 1 of article IV of this constitution;
(VI) Officers otherwise specified in this constitution;
(VII) Faculty members of educational institutions and departments not reformatory or charitable in character, and such administrators thereof as may be exempt by law;
(VIII) Students and inmates in state educational or other institutions employed therein;
(IX) Attorneys at law serving as assistant attorneys general;
(X) Members, officers, and employees of the legislative and judicial departments of the state, unless otherwise specifically provided in this constitution;
(XI) Subject to the approval of the state personnel director, the following persons from each principal department: Deputy department heads, chief financial officers, public information officers, legislative liaisons, human resource directors, and executive assistants to the department heads; and
(XII) Subject to the approval of the state personnel director, senior executive service employees.
(4) Where authorized by law, any political subdivision of this state may contract with the state personnel board for personnel services.
(5) The person to be appointed to any position under the state personnel system shall be one of the six persons ranking highest on the eligible list for such position, or such lesser number as qualify, as determined from the comparative analysis process, subject to limitations set forth in rules of the state personnel board applicable to multiple appointments from any such list.
(6)
(b) If a position is for work that is to be performed primarily at a location that is within thirty miles of the state border:
(II) An appointee to the position is not required to be a resident of the state.
(8) Persons in the personnel system of the state shall hold their respective positions during efficient service or until reaching retirement age, as provided by law. They shall be graded and compensated according to standards of efficient service which shall be the same for all persons having like duties. A person certified to any class or position in the personnel system may be dismissed, suspended, or otherwise disciplined by the appointing authority upon written findings of failure to comply with standards of efficient service or competence, or for willful misconduct, willful failure or inability to perform his duties, or final conviction of a felony or any other offense which involves moral turpitude, or written charges thereof may be filed by any person with the appointing authority, which shall be promptly determined. Any action of the appointing authority taken under this subsection shall be subject to appeal to the state personnel board, with the right to be heard thereby in person or by counsel, or both.
(9)
(b) Nothing in paragraph (a) of this subsection (9) shall be construed as permitting the appointment of a temporary employee for the purpose of eliminating a permanent position from the state personnel system.
(11) Persons certified to classes and positions under the classified civil service of the state immediately prior to July 1, 1971, persons having served for six months or more as provisional or acting provisional employees in such positions immediately prior to such date, and all persons having served six months or more in positions not within the classified civil service immediately prior to such date but included in the personnel system by this section, shall be certified to comparable positions, and grades and classifications, under the personnel system, and shall not be subject to probationary periods of employment. All other persons in positions under the personnel system shall be subject to the provisions of this section concerning initial appointment on or after such date.
Art. XII §14 | STATE PERSONNEL BOARD - STATE PERSONNEL DIRECTOR
(2)
(b) The member of the board who is appointed for a term commencing on July 1, 2013, and the successors to that position do not serve at the pleasure of the governor.
(4) There is hereby created the department of personnel, which shall be one of the principal departments of the executive department, the head of which shall be the state personnel director, who shall be appointed under qualifications established by law. The state personnel director shall be responsible for the administration of the personnel system of the state under this constitution and laws enacted pursuant thereto and the rules adopted thereunder by the state personnel board.
(5) Adequate appropriations shall be made to carry out the purposes of this section and section 13 of this article.
Art. XII §15 | VETERANS’ PREFERENCE
(II) If a numerical method is used for the comparative analysis based on objective criteria, applicants entitled to preference under this section shall be given preference in accordance with paragraphs (b) to (e) of this subsection (1). If a nonnumerical method is used, applicants entitled to preference under this section shall be added to the interview eligible list.
(c) Ten points shall be added to the comparative analysis score of any candidate who has so served, other than for training purposes, and who, because of disability incurred in the line of duty, is receiving monetary compensation or disability retired benefits by reason of public laws administered by the department of defense or the veterans administration, or any successor thereto.
(d) Five points shall be added to the comparative analysis score of any candidate who is the surviving spouse of any person who was or would have been entitled to additional points under paragraph (b) or (c) of this subsection (1) or of any person who died during such service or as a result of service-connected cause while on active duty in any such branch, other than for training purposes.
(e) No more than a total of ten points shall be added to the comparative analysis score of any such candidate pursuant to this subsection (1).
(3)
(b) In the case of such a person eligible for preference who has completed twenty or more years of active military service, no military service shall be counted in determining length of service in respect to such retention rights. In the case of such a person who has completed less than twenty years of such military service, no more than ten years of service under subsection (1) (b) (i) and (ii) shall be counted in determining such length of service for such retention rights.
(5) No person shall receive preference pursuant to this section with respect to a promotional opportunity. Any promotional opportunity that is also open to persons other than employees for whom such appointment would be a promotion, shall be considered a promotional opportunity for the purposes of this section.
(6) Repealed.
(7) This section shall be in full force and effect on and after July 1, 1971, and shall grant veterans' preference to all persons who have served in the armed forces of the United States in any declared or undeclared war, conflict, engagement, expedition, or campaign for which a campaign badge has been authorized, and who meet the requirements of service or disability, or both, as provided in this section. This section shall apply to all public employment opportunities, except as set forth in subsection (5) of this section, conducted on or after such date, and it shall be in all respects self-executing.
Impeachments
Art. XIII §1 | HOUSE IMPEACH - SENATE TRY - CONVICTION - WHEN CHIEF JUSTICE PRESIDES
Art. XIII §2 | WHO LIABLE TO IMPEACHMENT - JUDGMENT - NO BAR TO PROSECUTION
Art. XIII §3 | OFFICERS NOT SUBJECT TO IMPEACHMENT SUBJECT TO REMOVAL
Counties
Art. XIV §1 | COUNTIES OF STATE
Art. XIV §2 | REMOVAL OF COUNTY SEATS
Art. XIV §3 | STRIKING OFF TERRITORY - VOTE
Art. XIV §4 | NEW COUNTY SHALL PAY PROPORTION OF DEBT
Art. XIV §5 | PART STRICKEN OFF - PAY PROPORTION OF DEBT
County Officers.
Art. XIV §6 | COUNTY COMMISSIONERS - ELECTION - TERM
The term of office of the county commissioners in each county that expires in January, 1904, is hereby extended to the second Tuesday in January, A.D. 1905, and the term of office of the county commissioners that expires in January, 1906, is hereby extended to the second Tuesday in January, A.D. 1907; and in counties having a population of more than seventy thousand, the term of office of the commissioners that expires in 1904 shall be extended to the second Tuesday in January, 1905, and the term of office of the county commissioners that expires in 1906 is hereby extended to the second Tuesday in January, 1907. This section shall govern, except as hereafter otherwise expressly directed or permitted by constitutional enactment.
Art. XIV §7 | OFFICERS COMPENSATION. (REPEALED)
Art. XIV §8 | COUNTY OFFICERS - ELECTION - TERM - SALARY
Art. XIV §8.5 | SHERIFF - QUALIFICATIONS
Art. XIV §8.7 | CORONER - QUALIFICATIONS
Art. XIV §9 | VACANCIES - HOW FILLED
Art. XIV §10 | ELECTOR ONLY ELIGIBLE TO COUNTY OFFICE
Art. XIV §11 | JUSTICES OF THE PEACE - CONSTABLES. (REPEALED)
Art. XIV §12 | OTHER OFFICERS
Art. XIV §13 | CLASSIFICATION OF CITIES AND TOWNS
Art. XIV §14 | EXISTING CITIES AND TOWNS MAY COME UNDER GENERAL LAW
Art. XIV §15 | COMPENSATION AND FEES OF COUNTY OFFICERS
When fixing the compensation of county officers, the general assembly shall give due consideration to county variations, including population; the number of persons residing in unincorporated areas; assessed valuation; motor vehicle registrations; building permits; military installations; and such other factors as may be necessary to prepare compensation schedules that reflect variations in the workloads and responsibilities of county officers and in the tax resources of the several counties.
The compensation of any county officer shall be increased or decreased only when the compensation of all county officers within the same county, or when the compensation for the same county officer within the several counties of the state, is increased or decreased.
Except for the schedule of increased compensation for county officers enacted by the general assembly to become effective on January 1, 1969, county officers shall not thereafter have their compensation increased or decreased during the terms of office to which they have been elected or appointed.
Art. XIV §16 | COUNTY HOME RULE
(2) The general assembly shall provide by statute procedures under which the registered electors of any county may adopt, amend, and repeal a county home rule charter. Action to initiate home rule may be by petition, signed by not less than five percent of the registered electors of the county in which home rule is sought, or by any other procedure authorized by statute. No county home rule charter, amendment thereto, or repeal thereof, shall become effective until approved by a majority of the registered electors of such county voting thereon.
(3) A home rule county shall provide all mandatory county functions, services, and facilities and shall exercise all mandatory powers as may be required by statute.
(4) A home rule county shall be empowered to provide such permissive functions, services, and facilities and to exercise such permissive powers as may be authorized by statute applicable to all home rule counties, except as may be otherwise prohibited or limited by charter or this constitution.
(5) The provisions of sections 6, 8, 9, 10, 12, and 15 of article XIV of this constitution shall apply to counties adopting a home rule charter only to such extent as may be provided in said charter.
Art. XIV §17 | SERVICE AUTHORITIES
(b) A service authority may be formed only upon the approval of a majority of the registered electors voting thereon in the territory to be included.
(c) The territory within a service authority may include all or part of one county or home rule county or all or part of two or more adjoining counties or home rule counties, but shall not include only a part of any city and county, home rule city or town, or statutory city or town at the time of formation of the service authority. No more than one service authority shall be established in any territory and, in no event, shall a service authority be formed in the metropolitan area composed of the city and county of Denver, and Adams, Arapahoe, and Jefferson counties which does not include all of the city and county of Denver and all or portions of Adams, Arapahoe, and Jefferson counties.
(d) The boundaries of any service authority shall not be such as to create any enclave.
(e) No territory shall be included within the boundaries of more than one service authority.
(b) The inclusion and exclusion of territory in or from a service authority;
(c) The dissolution of a service authority;
(d) The merger of all or a part of two or more adjacent service authorities, except that such merger shall require the approval of a majority of the registered electors voting thereon in each of the affected service authorities; and,
(e) The boundaries of any service authority or any special taxing districts therein or the method by which such boundaries are to be determined or changed; and
(f) The method for payment of any election expenses.
(b) A service authority shall provide any function, service, or facility designated by statute and authorized as provided in paragraphs (c) and (d) of this subsection.
(c) All propositions to provide functions, services, or facilities shall be submitted, either individually or jointly, to the registered electors in the manner and form prescribed by law.
(d) Each such function, service, or facility shall be authorized if approved by a majority of the registered electors of the authority voting thereon; but if the service authority includes territory in more than one county, approval shall also require a majority of the registered electors of the authority voting thereon in those included portions of each of the affected counties.
(e) Notwithstanding the provisions of paragraphs (b), (c), and (d) of this subsection, where, upon formation of a service authority, any function, service, or facility is already being provided in at least four counties or portions thereof by a single special district, regional planning commission or metropolitan council, or an association of political subdivisions, the general assembly may provide, without a vote of the registered electors, for assumption by one or more service authorities of such function, service, or facility.
(f) Notwithstanding the provisions of paragraphs (b), (c), and (d) of this subsection, a service authority may contract with any other political subdivision to provide or receive any function, service, or facility designated by statute; but a service authority shall not be invested with any taxing power as a consequence of such contract.
(b) Any other provision of this constitution to the contrary notwithstanding, any service authority formed under this article and the statutes pursuant thereto may exercise such powers to accomplish the purposes and to provide the authorized functions, services, and facilities of such authority as the general assembly may provide by statute.
(c) Notwithstanding the provisions of article XX of this constitution, any authorized function, service, or facility may be provided exclusively by the authority or concurrently with other jurisdictions as may be prescribed by statute, subject to the provisions of subsections (3) (c), (3) (d), (3) (e), and (3) (f) of this section.
Art. XIV §18 | INTERGOVERNMENTAL RELATIONSHIPS
(b) The general assembly may provide by statute for the terms and conditions under which one or more service authorities may succeed to the rights, properties, and other assets and assume the obligations of any other political subdivision included partially or entirely within such authority, incident to the powers vested in, and the functions, services, and facilities authorized to be provided by the service authority, whether vested and authorized at the time of the formation of the service authority or subsequent thereto; and,
(c) The general assembly may provide by statute for the terms and conditions under which a county, home rule county, city and county, home rule city or town, statutory city or town, or quasimunicipal corporation, or any combination thereof may succeed to the rights, properties, and other assets and assume the obligations of any quasimunicipal corporation located partially or entirely within its boundaries.
(d) The general assembly may provide by statute procedures whereby any county, home rule county, city and county, home rule city or town, statutory city or town, or service authority may establish special taxing districts.
(b) Nothing in this constitution shall be construed to prohibit the authorization by statute of a separate governmental entity as an instrument to be used through voluntary participation by cooperating or contracting political subdivisions.
(c) Nothing in this constitution shall be construed to prohibit any political subdivision of the state from contracting with private persons, associations, or corporations for the provision of any legally authorized functions, services, or facilities within or without its boundaries.
(d) Nothing in this constitution shall be construed to prohibit the general assembly from providing by statute for state imposed and collected taxes to be shared with and distributed to political subdivisions of the state except that this provision shall not in any way limit the powers of home rule cities and towns.
Corporations
Art. XV §1 | UNUSED CHARTERS OR GRANTS OF PRIVILEGE. (REPEALED)
Art. XV §2 | CORPORATE CHARTERS CREATED BY GENERAL LAW
Art. XV §3 | POWER TO REVOKE, ALTER OR ANNUL CHARTER
Art. XV §4 | RAILROADS - COMMON CARRIERS - CONSTRUCTION - INTERSECTION
Art. XV §5 | CONSOLIDATION OF PARALLEL LINES FORBIDDEN
Art. XV §6 | EQUAL RIGHTS OF PUBLIC TO TRANSPORTATION
Art. XV §7 | EXISTING RAILROADS TO FILE ACCEPTANCE OF CONSTITUTION. (REPEALED)
Art. XV §8 | EMINENT DOMAIN - POLICE POWER - NOT TO BE ABRIDGED
Art. XV §9 | FICTITIOUS STOCK, BONDS - INCREASE OF STOCK
Art. XV §10 | FOREIGN CORPORATIONS - PLACE - AGENT
Art. XV §11 | STREET RAILROADS - CONSENT OF MUNICIPALITY
Art. XV §12 | RETROSPECTIVE LAWS NOT TO BE PASSED
Art. XV §13 | TELEGRAPH LINES - CONSOLIDATION
Art. XV §14 | RAILROAD OR TELEGRAPH COMPANIES - CONSOLIDATING WITH FOREIGN COMPANIES
Art. XV §15 | CONTRACTS WITH EMPLOYEES RELEASING FROM LIABILITY - VOID
Mining and Irrigation
Art. XVI §1 | COMMISSIONER OF MINES
Art. XVI §2 | VENTILATION - EMPLOYMENT OF CHILDREN
Art. XVI §3 | DRAINAGE
Art. XVI §4 | MINING, METALLURGY, IN PUBLIC INSTITUTIONS
Irrigation
Art. XVI §5 | WATER OF STREAMS PUBLIC PROPERTY
Art. XVI §6 | DIVERTING UNAPPROPRIATED WATER - PRIORITY PREFERRED USES
Art. XVI §7 | RIGHT-OF-WAY FOR DITCHES, FLUMES
Art. XVI §8 | COUNTY COMMISSIONERS TO FIX RATES FOR WATER, WHEN
Militia
Art. XVII §1 | PERSONS SUBJECT TO SERVICE
Art. XVII §2 | ORGANIZATION - EQUIPMENT - DISCIPLINE
Art. XVII §3 | OFFICERS - HOW CHOSEN
Art. XVII §4 | ARMORIES
Art. XVII §5 | EXEMPTION IN TIME OF PEACE
Miscellaneous
Art. XVIII §1 | HOMESTEAD AND EXEMPTION LAWS
Art. XVIII §2 | LOTTERIES PROHIBITED - EXCEPTIONS
(2) No game of chance pursuant to this subsection (2) and subsections (3) and (4) of this section shall be conducted by any person, firm, or organization, unless a license as provided for in this subsection (2) has been issued to the firm or organization conducting such games of chance. The secretary of state shall, upon application therefore on such forms as shall be prescribed by the secretary of state and upon the payment of an annual fee as determined by the general assembly, issue a license for the conducting of such games of chance to any bona fide chartered branch or lodge or chapter of a national or state organization or to any bona fide religious, charitable, labor, fraternal, educational, voluntary firemen's or veterans' organization which operates without profit to its members and which has been in existence continuously for a period of five years immediately prior to the making of said application for such license and has had during the entire fiveyear period a duespaying membership engaged in carrying out the objects of said corporation or organization, such license to expire at the end of each calendar year in which it was issued.
(3) The license issued by the secretary of state shall authorize and permit the licensee to conduct games of chance, restricted to the selling of rights to participate and the awarding of prizes in the specific kind of game of chance commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and in the specific game of chance commonly known as raffles, conducted by the drawing of prizes or by the allotment of prizes by chance.
(4) Such games of chance shall be subject to the following restrictions:
(b) No person except a bona fide member of any organization may participate in the management or operation of any such game.
(c) No person may receive any remuneration or profit for participating in the management or operation of any such game.
(6) The enforcement of this section shall be under such official or department of government of the state of Colorado as the general assembly shall provide.
(7) Any provision of this constitution to the contrary notwithstanding, the general assembly may establish a statesupervised lottery. Unless otherwise provided by statute, all proceeds from the lottery, after deduction of prizes and expenses, shall be allocated to the conservation trust fund of the state for distribution to municipalities and counties for park, recreation, and open space purposes.
Art. XVIII §3 | ARBITRATION LAWS
Art. XVIII §4 | FELONY DEFINED
Art. XVIII §5 | SPURIOUS AND DRUGGED LIQUORS - LAWS CONCERNING. (REPEALED)
Art. XVIII §6 | PRESERVATION OF FORESTS
Art. XVIII §7 | LAND VALUE INCREASE - ARBOREAL PLANTING EXEMPT
Art. XVIII §8 | PUBLICATION OF LAWS
Art. XVIII §9 | LIMITED GAMING PERMITTED
(2) The administration and regulation of this section 9 shall be under an appointed limited gaming control commission, referred to in this section 9 as the commission; said commission to be created under such official or department of government of the state of Colorado as the general assembly shall provide by May 1, 1991. Such official or the director of the department of government shall appoint the commission by July 1, 1991. The commission shall promulgate all necessary rules and regulations relating to the licensing of limited gaming by October 1, 1991, in the manner authorized by statute for the promulgation of administrative rules and regulations. Such rules and regulations shall include the necessary defining of terms that are not otherwise defined.
(3) Limited gaming shall be subject to the following:
(b) Limited gaming shall only be conducted in structures which conform, as determined by the respective municipal governing bodies, to the architectural styles and designs that were common to the areas prior to World War I and which conform to the requirements of applicable respective city ordinances, regardless of the age of said structures.
(c) No more than thirty-five percent of the square footage of any building and no more than fifty percent of any one floor of such building, may be used for limited gaming.
(d) Limited gaming operations shall be prohibited between the hours of 2:00 o'clock a.m. and 8:00 o'clock a.m., unless such hours are revised as provided in subsection (7) of this section.
(e) Limited gaming may occur in establishments licensed to sell alcoholic beverages.
(b) "Limited gaming" means the use of slot machines and the card games of blackjack and poker, each game having a maximum single bet of five dollars, unless such games or single bets are revised as provided in subsection (7) of this section.
(c) "Slot machine" means any mechanical, electrical, video, electronic, or other device, contrivance, or machine which, after insertion of a coin, token, or similar object, or upon payment of any required consideration whatsoever by a player, is available to be played or operated, and which, whether by reason of the skill of the player or application of the element of chance, or both, may deliver or entitle the player operating the machine to receive cash premiums, merchandise, tokens, redeemable game credits, or any other thing of value other than unredeemable free games, whether the payoff is made automatically from the machines or in any other manner.
(b)
(II) At the end of each state fiscal year, the state treasurer shall distribute the balance remaining in the limited gaming fund, except for an amount equal to all expenses of the administration of this section 9 for the preceding two-month period, according to the following guidelines and subject to the distribution criteria provided in subsection (7) of this section: fifty percent shall be transferred to the state general fund or such other fund as the general assembly shall provide; twenty-eight percent shall be transferred to the state historical fund, which fund is hereby created in the state treasury; twelve percent shall be distributed to the governing bodies of Gilpin county and Teller county in proportion to the gaming revenues generated in each county; the remaining ten percent shall be distributed to the governing bodies of the cities of: the City of Central, the City of Black Hawk, and the City of Cripple Creek in proportion to the gaming revenues generated in each respective city.
(III) Of the moneys in the state historical fund, from which the state treasurer shall also make annual distributions, twenty percent shall be used for the preservation and restoration of the cities of: the City of Central, the City of Black Hawk, and the City of Cripple Creek, and such moneys shall be distributed, to the governing bodies of the respective cities, according to the proportion of the gaming revenues generated in each respective city. The remaining eighty percent in the state historical fund shall be used for the historic preservation and restoration of historical sites and municipalities throughout the state in a manner to be determined by the general assembly.
(e) The general assembly shall enact provisions for the special licensing of qualifying nonprofit charitable organizations desiring to periodically host charitable gaming activities in licensed gaming establishments.
(f) If any provision of this section 9 is held invalid, the remainder of this section 9 shall remain unimpaired.
(b) If approval of limited gaming is not obtained when the question is first submitted to the electors, the question may be submitted at subsequent elections held in accordance with paragraph (d) of this subsection (6); except that, once approval is obtained, limited gaming shall thereafter be lawful within the said city, town, or unincorporated portion of a county so long as the city, town, or county remains among those with constitutional authority for limited gaming within their boundaries.
(c) Nothing contained in this subsection (6) shall be construed to limit the ability of a city, town, or county to regulate the conduct of limited gaming as otherwise authorized by statute or by this constitution.
(d)
(II) The failure to acquire approval of limited gaming in the unincorporated portion of a county shall not prevent lawful limited gaming within a city or town located in such county where such approval is acquired in a city or town election, and failure to acquire such approval in a city or town election shall not prevent lawful limited gaming within the unincorporated area of the county in which such city or town is located where such approval is acquired in an election in the unincorporated area of a county.
(III) If approval of limited gaming is not acquired when the question is first submitted in accordance with this subsection (6), the question may be submitted at subsequent elections so long as at least four years have elapsed since any previous election at which the question was submitted.
(f) For purposes of this subsection (6), a "city, town, or county" includes all land and buildings located within, or owned and controlled by, such city, town, or county or any political subdivision thereof. "City, town, or county" also includes the city and county of Denver.
(II) Approved games to include roulette or craps, or both; and
(III) Single bets up to one hundred dollars.
(c) From gaming tax revenues attributable to the operation of this subsection (7), the treasurer shall pay:
(II) Annual adjustments, in connection with distributions to limited gaming fund recipients listed in subsection (5)(b)(II) of this section, to reflect the lesser of six percent of, or the actual percentage of, annual growth in gaming tax revenues attributable to this subsection (7); and
(III) Of the remaining gaming tax revenues, distributions in the following proportions:
(B) Ten percent to the governing bodies of the cities of Central, Black Hawk, and Cripple Creek to address local gaming impacts; provided that such revenue shall be distributed based on the proportion of gaming tax revenues, attributable to the operation of this subsection (7), that are paid by licensees operating in each city; and
(C) Twelve percent to the governing bodies of Gilpin and Teller Counties to address local gaming impacts; provided that such revenue shall be distributed based on the proportion of gaming tax revenues, attributable to the operation of this subsection (7), that are paid by licensees operating in each county.
(e) If local voters in one or more cities revise any limits on gaming as provided in paragraph (a) of this subsection (7), any commission action pursuant to subsection (5) of this section that increases gaming taxes from the levels imposed as of July 1, 2008, shall be effective only if approved by voters at a statewide election held under section 20(4)(a) of article X of this constitution.
(f) Gaming tax revenues attributable to the operation of this subsection (7) shall be collected and spent as a voter-approved revenue change without regard to any limitation contained in section 20 of article X of this constitution or any other law.
Art. XVIII §9a | U.S. SENATORS AND REPRESENTATIVES - LIMITATIONS ON TERMS
(2) The people of Colorado hereby state their support for a nationwide limit of twelve consecutive years of service in the United States Senate and six consecutive years of service in the United States House of Representatives and instruct their public officials to use their best efforts to work for such a limit.
(3) The people of Colorado declare that the provisions of this section shall be deemed severable from the remainder of this measure and that their intention is that federal officials elected from Colorado will continue voluntarily to observe the wishes of the people as stated in this section in the event any provision thereof is held invalid. The severability provisions of Section 10 of Article XVIII of the Colorado Constitution apply to this Section 9a.
Art. XVIII §10 | SEVERABILITY OF CONSTITUTIONAL PROVISIONS
Art. XVIII §11 | ELECTED GOVERNMENT OFFICIALS - LIMITATION ON TERMS
(2) The voters of any such political subdivision may lengthen, shorten or eliminate the limitations on terms of office imposed by this Section 11. The voters of the state may lengthen, shorten, or eliminate the limitations on terms of office for the state board of education or the governing board of a state institution of higher education imposed by this Section 11.
(3) The provisions of this Section 11 shall apply to every home rule county, home rule city and county, home rule city and home rule town, notwithstanding any provision of Article XX, or Sections 16 and 17 of Article XIV, of the Colorado Constitution.
Art. XVIII §12 | (REPEALED)
Art. XVIII §12a | CONGRESSIONAL TERM LIMITS DECLARATION
(2) The language of the Term Limits Declaration shall be as set forth herein and the secretary of state shall incorporate the applicable language in square brackets "[]" for the office the candidate seeks:
(3) In the ballot designations in this section, the secretary of state shall incorporate the applicable language in brackets for the office the candidate seeks. Terms shall be calculated without regard to whether the terms were served consecutively.CONGRESSIONAL TERM LIMITS DECLARATION
TERM LIMITS DECLARATION ONE
PART A: I, _______________, voluntarily declare that, if elected, I will not serve in the United States [House of Representatives more than 3 terms] [Senate more than 2 terms] after the effective date of the Congressional Term Limits Declaration Act of 1998.
Signature by candidate executes Part A Date
PART B: I, _______________, authorize and request that the secretary of state place the applicable ballot designation, "Signed declaration to limit service to no more than [3 terms] [2 terms]" next to my name on every election ballot and in all government-sponsored voter education material in which my name appears as a candidate for the office to which Term Limit Declaration One refers.If the candidate chooses not to execute any or all parts of Term Limits Declaration One, then he or she may execute and submit to the secretary of state any or all parts of Term Limits Declaration Two.
Signature by candidate executes Part B Date
TERM LIMITS DECLARATION TWO
PART A: I, _______________, have voluntarily chosen not to sign Term Limits Declaration One. If I had signed that declaration, I would have voluntarily agreed to limit my service in the United States [House of Representatives to no more than 3 terms] [Senate to no more than 2 terms] after the passage of the congressional Term Limits Declaration Amendment of 1998.After executing Part A, a candidate may execute and submit the voluntary statement in Part B.
Signature by candidate executes Part A Date
PART B: I, _______________, authorize and request that the secretary of state place the ballot designation, "Chose not to sign declaration to limit service to [3 terms] [2 terms]" next to my name on every official election ballot and in all government-sponsored voter education material in which my name appears as a candidate for the office to which Term Limits Declaration Two refers.
Signature by candidate executes Part B Date
(4) The secretary of state shall allow any candidate who at any time has submitted an executed copy of Term Limits Declaration One or Two, to timely submit an executed copy of Term Limits Declaration One or Two at which time all provisions affecting that Term Limits Declaration shall apply.
(5) The secretary of state shall place on that part of the official election ballot and in all government-sponsored voter education material, immediately following the name of each candidate who has executed and submitted Parts A and B of Term Limits Declaration One, the words, "Signed declaration to limit service to [3 terms] [2 terms]" unless the candidate has qualified as a candidate for a term that would exceed the number of terms set forth in Term Limits Declaration One. The secretary of state shall place on that part of the official election ballot and in all government-sponsored voter education material, immediately following the name of each candidate who has executed and submitted Parts A and B of Term Limits Declaration Two the words, "Chose not to sign declaration to limit service to [3 terms] [2 terms]".
(6) For the purpose of this section, service in office for more than one-half of a term shall be deemed as service for a full term.
(7) No candidate shall have more than one declaration and ballot designation in effect for any office at the same time and a candidate may only execute and submit Part B of a declaration if Part A of that declaration is or has been executed and submitted.
(8) The secretary of state shall provide candidates with all the declarations in this section and promulgate regulations as provided by law to facilitate implementation of this section as long as the regulations do not alter the intent of this section.
(9) If any portion of this section be adjudicated invalid, the remaining portion shall be severed from the invalid portion to the greatest possible extent and be given the fullest force and application.
Art. XVIII §12b | PROHIBITED METHODS OF TAKING WILDLIFE
(2) The provisions of subsection (1) of this section shall not prohibit:
(b) The use of the devices or methods described in subsection (1) of this section for controlling:
(II) wild or domestic birds as otherwise authorized by law;
(d) The use of traps, poisons or nets by the Colorado division of wildlife to take or manage fish or other non-mammalian aquatic wildlife.
(b) the owner or lessee can present on-site evidence to the division of wildlife that ongoing damage to livestock or crops has not been alleviated by the use of non-lethal or lethal control methods which are not prohibited.
(5) The general assembly shall enact, amend, or repeal such laws as are necessary to implement the provisions of this section 12, including penalty provisions, no later than May 1, 1997.
(6) As used in this section, unless the context otherwise requires:
(b) The term "wildlife" shall be defined as provided in section 33-1-102 (51), C.R.S., on the date this section is enacted.
Art. XVIII §14 | MEDICAL USE OF MARIJUANA FOR PERSONS SUFFERING FROM DEBILITATING MEDICAL CONDITIONS
(II) A chronic or debilitating disease or medical condition, or treatment for such conditions, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient's physician, such condition or conditions reasonably may be alleviated by the medical use of marijuana: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis; or
(III) Any other medical condition, or treatment for such condition, approved by the state health agency, pursuant to its rule making authority or its approval of any petition submitted by a patient or physician as provided in this section.
(c) "Parent" means a custodial mother or father of a patient under the age of eighteen years, any person having custody of a patient under the age of eighteen years, or any person serving as a legal guardian for a patient under the age of eighteen years.
(d) "Patient" means a person who has a debilitating medical condition.
(e) "Physician" means a doctor of medicine who maintains, in good standing, a license to practice medicine issued by the state of Colorado.
(f) "Primary care-giver" means a person, other than the patient and the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.
(g) "Registry identification card" means that document, issued by the state health agency, which identifies a patient authorized to engage in the medical use of marijuana and such patient's primary care-giver, if any has been designated.
(h) "State health agency" means that public health related entity of state government designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana and enact rules to administer this program.
(i) "Usable form of marijuana" means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, and any mixture or preparation thereof, which are appropriate for medical use as provided in this section, but excludes the plant's stalks, stems, and roots.
(j) "Written documentation" means a statement signed by a patient's physician or copies of the patient's pertinent medical records.
(II) The patient was advised by his or her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and
(III) The patient and his or her primary care-giver were collectively in possession of amounts of marijuana only as permitted under this section.
This affirmative defense shall not exclude the assertion of any other defense where a patient or primary care-giver is charged with a violation of state law related to the patient's medical use of marijuana.
(c) It shall be an exception from the state's criminal laws for any physician to:
(II) Provide a patient with written documentation, based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship, stating that the patient has a debilitating medical condition and might benefit from the medical use of marijuana.
(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.
(e) Any property interest that is possessed, owned, or used in connection with the medical use of marijuana or acts incidental to such use, shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials where such property has been seized in connection with the claimed medical use of marijuana. Any such property interest shall not be forfeited under any provision of state law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to such offense. Marijuana and paraphernalia seized by state or local law enforcement officials from a patient or primary care-giver in connection with the claimed medical use of marijuana shall be returned immediately upon the determination of the district attorney or his or her designee that the patient or primary care-giver is entitled to the protection contained in this section as may be evidenced, for example, by a decision not to prosecute, the dismissal of charges, or acquittal.
(b) In order to be placed on the state's confidential registry for the medical use of marijuana, a patient must reside in Colorado and submit the completed application form adopted by the state health agency, including the following information, to the state health agency:
(II) The name, address, date of birth, and social security number of the patient;
(III) The name, address, and telephone number of the patient's physician; and
(IV) The name and address of the patient's primary care-giver, if one is designated at the time of application.
(II) That the patient's name has been certified to the state health agency as a person who has a debilitating medical condition, whereby the patient may address such condition with the medical use of marijuana;
(III) The date of issuance of the registry identification card and the date of expiration of such card, which shall be one year from the date of issuance; and
(IV) The name and address of the patient's primary care-giver, if any is designated at the time of application.
(e) A patient whose application has been denied by the state health agency may not reapply during the six months following the date of the denial and may not use an application for a registry identification card as provided in paragraph (3) (d) of this section. The denial of a registry identification card shall be considered a final agency action. Only the patient whose application has been denied shall have standing to contest the agency action.
(f) When there has been a change in the name, address, physician, or primary care- giver of a patient who has qualified for a registry identification card, that patient must notify the state health agency of any such change within ten days. A patient who has not designated a primary care-giver at the time of application to the state health agency may do so in writing at any time during the effective period of the registry identification card, and the primary care-giver may act in this capacity after such designation. To maintain an effective registry identification card, a patient must annually resubmit, at least thirty days prior to the expiration date stated on the registry identification card, updated written documentation to the state health agency, as well as the name and address of the patient's primary care-giver, if any is designated at such time.
(g) Authorized employees of state or local law enforcement agencies shall immediately notify the state health agency when any person in possession of a registry identification card has been determined by a court of law to have willfully violated the provisions of this section or its implementing legislation, or has pled guilty to such offense.
(h) A patient who no longer has a debilitating medical condition shall return his or her registry identification card to the state health agency within twenty-four hours of receiving such diagnosis by his or her physician.
(i) The state health agency may determine and levy reasonable fees to pay for any direct or indirect administrative costs associated with its role in this program.
(II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.
(II) Engage in the medical use of marijuana in plain view of, or in a place open to, the general public.
(b) One of the physicians referred to in paragraph (6) (a) has explained the possible risks and benefits of medical use of marijuana to the patient and each of the patient's parents residing in Colorado;
(c) The physicians referred to in paragraph (6) (b) has provided the patient with the written documentation, specified in subparagraph (3) (b) (I);
(d) Each of the patient's parents residing in Colorado consent in writing to the state health agency to permit the patient to engage in the medical use of marijuana;
(e) A parent residing in Colorado consents in writing to serve as a patient's primary care-giver;
(f) A parent serving as a primary care-giver completes and submits an application for a registry identification card as provided in subparagraph (3) (b) of this section and the written consents referred to in paragraph (6) (d) to the state health agency;
(g) The state health agency approves the patient's application and transmits the patient's registry identification card to the parent designated as a primary care-giver;
(h) The patient and primary care-giver collectively possess amounts of marijuana no greater than those specified in subparagraph (4) (a) (I) and (II); and
(i) The primary care-giver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient.
(8) Not later than April 30, 1999, the General Assembly shall define such terms and enact such legislation as may be necessary for implementation of this section, as well as determine and enact criminal penalties for:
(b) Fraudulent use or theft of any person's registry identification card to acquire, possess, produce, use, sell, distribute, or transport marijuana, including but not limited to cards that are required to be returned where patients are no longer diagnosed as having a debilitating medical condition;
(c) Fraudulent production or counterfeiting of, or tampering with, one or more registry identification cards; or
(d) Breach of confidentiality of information provided to or by the state health agency.
(10)
(b) Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place.
Art. XVIII §15 | STATE MINIMUM WAGE RATE
Art. XVIII §16 | PERSONAL USE AND REGULATION OF MARIJUANA
(b) In the interest of the health and public safety of our citizenry, the people of the state of Colorado further find and declare that marijuana should be regulated in a manner similar to alcohol so that:
(II) Selling, distributing, or transferring marijuana to minors and other individuals under the age of twenty-one shall remain illegal;
(III) Driving under the influence of marijuana shall remain illegal;
(IV) Legitimate, taxpaying business people, and not criminal actors, will conduct sales of marijuana; and
(V) Marijuana sold in this state will be labeled and subject to additional regulations to ensure that consumers are informed and protected.
(d) The people of the state of Colorado further find and declare that it is necessary to ensure consistency and fairness in the application of this section throughout the state and that, therefore, the matters addressed by this section are, except as specified herein, matters of statewide concern.
(b) "Consumer" means a person twenty-one years of age or older who purchases marijuana or marijuana products for personal use by persons twenty-one years of age or older, but not for resale to others.
(c) "Department" means the department of revenue or its successor agency.
(d) "Industrial hemp" has the same meaning as it is defined in federal law or as the term is defined in Colorado statute.
(e) "Locality" means a county, municipality, or city and county.
(f) "Marijuana" or "marihuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. "Marijuana" or "marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
(g) "Marijuana accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
(h) "Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
(i) "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
(j) "Marijuana product manufacturing facility" means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
(k) "Marijuana products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
(l) "Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of marijuana.
(m) "Medical marijuana center" means an entity licensed by a state agency to sell marijuana and marijuana products pursuant to section 14 of this article and the Colorado Medical Marijuana Code.
(n) "Retail marijuana store" means an entity licensed topurchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.
(o) "Unreasonably impracticable" means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.
(b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.
(c) Transfer of one ounce or less of marijuana without remuneration to a person who is twenty-one years of age or older.
(d) Consumption of marijuana, provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.
(e) Assisting another person who is twenty-one years of age or older in any of the acts described in paragraphs (a) through (d) of this subsection.
(b) Possessing, displaying, or transporting marijuana or marijuana products; purchase of marijuana from a marijuana cultivation facility; purchase of marijuana or marijuana products from a marijuana product manufacturing facility; or sale of marijuana or marijuana products to consumers, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a retail marijuana store or is acting in his or her capacity as an owner, employee or agent of a licensed retail marijuana store.
(c) Cultivating, harvesting, processing, packaging, transporting, displaying, or possessing marijuana; delivery or transfer of marijuana to a marijuana testing facility; selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store; or the purchase of marijuana from a marijuana cultivation facility, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a marijuana cultivation facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana cultivation facility.
(d) Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products; delivery or transfer of marijuana or marijuana products to a marijuana testing facility; selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility; the purchase of marijuana from a marijuana cultivation facility; or the purchase of marijuana or marijuana products from a marijuana product manufacturing facility, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a marijuana product manufacturing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana product manufacturing facility.
(e) Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana or marijuana products if the person has obtained a current, valid license to operate a marijuana testing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana testing facility.
(f) Leasing or otherwise allowing the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with paragraphs (a) through (e) of this subsection.
(II) A schedule of application, licensing and renewal fees, provided, application fees shall not exceed five thousand dollars, with this upper limit adjusted annually for inflation, unless the department determines a greater fee is necessary to carry out its responsibilities under this section, and provided further, an entity that is licensed under the Colorado Medical Marijuana Code to cultivate or sell marijuana or to manufacture marijuana products at the time this section takes effect and that chooses to apply for a separate marijuana establishment license shall not be required to pay an application fee greater than five hundred dollars to apply for a license to operate a marijuana establishment in accordance with the provisions of this section;
(III) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment;
(IV) Security requirements for marijuana establishments;
(V) Requirements to prevent the sale or diversion of marijuana and marijuana products to persons under the age of twenty-one;
(VI) Labeling requirements for marijuana and marijuana products sold or distributed by a marijuana establishment;
(VII) Health and safety regulations and standards for the manufacture of marijuana products and the cultivation of marijuana;
(VIII) Restrictions on the advertising and display of marijuana and marijuana products; and
(IX) Civil penalties for the failure to comply with regulations made pursuant to this section.
(II) Has, during the experience described in subparagraph (I), complied consistently with section 14 of this article, the provisions of the Colorado Medical Marijuana Code and conforming regulations.
(d) The general assembly shall enact an excise tax to be levied upon marijuana sold or otherwise transferred by a marijuana cultivation facility to a marijuana product manufacturing facility or to a retail marijuana store at a rate not to exceed fifteen percent prior to January 1, 2017 and at a rate to be determined by the general assembly thereafter, and shall direct the department to establish procedures for the collection of all taxes levied. Provided, the first forty million dollars in revenue raised annually from any such excise tax shall be credited to the Public School Capital Construction Assistance Fund created by article 43.7 of title 22, C.R.S., or any successor fund dedicated to a similar purpose. Provided further, no such excise tax shall be levied upon marijuana intended for sale at medical marijuana centers pursuant to section 14 of this article and the Colorado Medical Marijuana Code.
(e) Not later than October 1, 2013, each locality shall enact an ordinance or regulation specifying the entity within the locality that is responsible for processing applications submitted for a license to operate a marijuana establishment within the boundaries of the locality and for the issuance of such licenses should the issuance by the locality become necessary because of a failure by the department to adopt regulations pursuant to paragraph (a) or because of a failure by the department to process and issue licenses as required by paragraph (g).
(f) A locality may enact ordinances or regulations, not in conflict with this section or with regulations or legislation enacted pursuant to this section, governing the time, place, manner and number of marijuana establishment operations; establishing procedures for the issuance, suspension, and revocation of a license issued by the locality in accordance with paragraph (h) or (i), such procedures to be subject to all requirements of article 4 of title 24 of the Colorado Administrative Procedure Act or any successor provision; establishing a schedule of annual operating, licensing, and application fees for marijuana establishments, provided, the application fee shall only be due if an application is submitted to a locality in accordance with paragraph (i) and a licensing fee shall only be due if a license is issued by a locality in accordance with paragraph (h) or (i); and establishing civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a marijuana establishment that may operate in such locality. A locality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or through an initiated or referred measure; provided, any initiated or referred measure to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores must appear on a general election ballot during an even numbered year.
(g) Each application for an annual license to operate a marijuana establishment shall be submitted to the department. The department shall:
(II) Immediately forward a copy of each application and half of the license application fee to the locality in which the applicant desires to operate the marijuana establishment;
(III) Issue an annual license to the applicant between forty-five and ninety days after receipt of an application unless the department finds the applicant is not in compliance with regulations enacted pursuant to paragraph (a) or the department is notified by the relevant locality that the applicant is not in compliance with ordinances and regulations made pursuant to paragraph (f) and in effect at the time of application, provided, where a locality has enacted a numerical limit on the number of marijuana establishments and a greater number of applicants seek licenses, the department shall solicit and consider input from the locality as to the locality's preference or preferences for licensure; and
(IV) Upon denial of an application, notify the applicant in writing of the specific reason for its denial.
(i) If the department does not adopt regulations required byparagraph (a), an applicant may submit an application directly to a locality after October 1, 2013 and the locality may issue an annual license to the applicant. A locality issuing a license to an applicant shall do so within ninety days of receipt of the application unless it finds and notifies the applicant that the applicant is not in compliance with ordinances and regulations made pursuant to paragraph (f) in effect at the time of application and shall notify the department if an annual license has been issued to the applicant. A license issued by a locality in accordance with this paragraph shall have the same force and effect as a license issued by the department in accordance with paragraph (g) and the holder of such license shall not be subject to regulation or enforcement by the department during the term of that license. A subsequent or renewed license may be issued under this paragraph on an annual basis if the department has not adopted regulations required by paragraph (a) at least ninety days prior to the date upon which such subsequent or renewed license would be effective or if the department has adopted regulations pursuant to paragraph (a) but has not, at least ninety days after the adoption of such regulations, issued licenses pursuant to paragraph (g).
(j) Not later than July 1, 2014, the general assembly shall enact legislation governing the cultivation, processing and sale of industrial hemp.
(b) Nothing in this section is intended to allow driving under the influence of marijuana or driving while impaired by marijuana or to supersede statutory laws related to driving under the influence of marijuana or driving while impaired by marijuana, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by marijuana.
(c) Nothing in this section is intended to permit the transfer of marijuana, with or without remuneration, to a person under the age of twenty-one or to allow a person under the age of twenty-one to purchase, possess, use, transport, grow, or consume marijuana.
(d) Nothing in this section shall prohibit a person, employer, school, hospital, detention facility, corporation or any other entity who occupies, owns or controls a property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property.
(b) To permit a medical marijuana center to distribute marijuana to a person who is not a medical marijuana patient;
(c) To permit a medical marijuana center to purchase marijuana or marijuana products in a manner or from a source not authorized under the Colorado Medical Marijuana Code;
(d) To permit any medical marijuana center licensed pursuant to section 14 of this article and the Colorado Medical Marijuana Code to operate on the same premises as a retail marijuana store; or
(e) To discharge the department, the Colorado Board of Health, or the Colorado Department of Public Health and Environment from their statutory and constitutional duties to regulate medical marijuana pursuant to section 14 of this article and the Colorado Medical Marijuana Code.
(9) EFFECTIVE DATE. Unless otherwise provided by this section, all provisions of this section shall become effective upon official declaration of the vote hereon by proclamation of the governor, pursuant to section 1(4) of article V.
Amendments
Art. XIX §1 | CONSTITUTIONAL CONVENTION - HOW CALLED
Art. XIX §2 | AMENDMENTS TO CONSTITUTION - HOW ADOPTED
(b) In order to make it more difficult to amend this constitution, a constitutional amendment shall not become part of this constitution unless the amendment is approved by at least fifty-five percent of the votes cast thereon; except that this paragraph (b) shall not apply to a constitutional amendment that is limited to repealing, in whole or in part, any provision of this constitution.
(3) No measure proposing an amendment or amendments to this constitution shall be submitted by the general assembly to the registered electors of the state containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any measure which shall not be expressed in the title, such measure shall be void only as to so much thereof as shall not be so expressed.
Home Rule Cities and Towns
Art. XX §1 | INCORPORATED
The provisions of section 3 of article XIV of this constitution and the general annexation and consolidation statutes of the state relating to counties shall apply to the city and county of Denver. Any contiguous town, city, or territory hereafter annexed to or consolidated with the city and county of Denver, under any such laws of this state, in whatsoever county the same may be at the time, shall be detached per se from such other county and become a municipal and territorial part of the city and county of Denver, together with all property thereunto belonging.
The city and county of Denver shall alone always constitute one judicial district of the state.
Any other provisions of this constitution to the contrary notwithstanding:
No annexation or consolidation proceeding shall be initiated after the effective date of this amendment pursuant to the general annexation and consolidation statutes of the state of Colorado to annex lands to or consolidate lands with the city and county of Denver until such proposed annexation or consolidation is first approved by a majority vote of a six-member boundary control commission composed of one commissioner from each of the boards of county commissioners of Adams, Arapahoe, and Jefferson counties, respectively, and three elected officials of the city and county of Denver to be chosen by the mayor. The commissioners from each of the said counties shall be appointed by resolution of their respective boards.
No land located in any county other than Adams, Arapahoe, or Jefferson counties shall be annexed to or consolidated with the city and county of Denver unless such annexation or consolidation is approved by the unanimous vote of all the members of the board of county commissioners of the county in which such land is located.
(Paragraph deleted by amendment, L. 2002, p. 3097, effective upon proclamation of the Governor, L. 2003, p. 3611, December 20, 2002.)
(Paragraph deleted by amendment, L. 2002, p. 3097, effective upon proclamation of the Governor, L. 2003, p. 3611, December 20, 2002.)
(Paragraph deleted by amendment, L. 2002, p. 3097, effective upon proclamation of the Governor, L. 2003, p. 3611, December 20, 2002.)
All actions, including actions regarding procedural rules, shall be adopted by the commission by majority vote. Each commissioner shall have one vote, including the commissioner who acts as the chairman of the commission. All procedural rules adopted by the commission shall be filed with the secretary of state.
This amendment shall be self-executing.'
Art. XX §2 | OFFICERS
Art. XX §3 | ESTABLISHMENT OF GOVERNMENT CIVIL SERVICE REGULATIONS
Art. XX §4 | FIRST CHARTER
(2) and (3) (Deleted by amendment, L. 2000, p. 2778, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.)
(4) Any franchise relating to any street, alley, or public place of the said city and county shall be subject to the initiative and referendum powers reserved to the people under section 1 of article V of this constitution. Such referendum power shall be guaranteed notwithstanding a recital in an ordinance granting such franchise that such ordinance is necessary for the immediate preservation of the public peace, health, and safety. Not more than five percent of the registered electors of a home rule city shall be required to order such referendum. Nothing in this section shall preclude a home rule charter provision which requires a lesser number of registered electors to order such referendum or which requires a franchise to be voted on by the registered electors. If such a referendum is ordered to be submitted to the registered electors, the grantee of such franchise shall deposit with the treasurer the expense (to be determined by said treasurer) of such submission. The council shall have power to fix the rate of taxation on property each year for city and county purposes.
Art. XX §5 | NEW CHARTERS, AMENDMENTS OR MEASURES
It shall be competent for qualified electors in number not less than five percent of the next preceding gubernatorial vote in said city and county to petition the council for any measure, or charter amendment, or for a charter convention. The council shall submit the same to a vote of the qualified electors at the next general election not held within thirty days after such petition is filed; whenever such petition is signed by qualified electors in number not less than ten percent of the next preceding gubernatorial vote in said city and county, with a request for a special election, the council shall submit it at a special election to be held not less than thirty nor more than sixty days from the date of filing the petition; provided, that any question so submitted at a special election shall not again be submitted at a special election within two years thereafter. In submitting any such charter, charter amendment or measure, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to others. Whenever the question of a charter convention is carried by a majority of those voting thereon, a charter convention shall be called through a special election ordinance as provided in section four (4) hereof, and the same shall be constituted and held and the proposed charter submitted to a vote of the qualified electors, approved or rejected, and all expenses paid, as in said section provided.
The clerk of the city and county shall publish, with his official certification, for three times, a week apart, in the official newspapers, the first publication to be with his call for the election, general or special, the full text of any charter, charter amendment, measure, or proposal for a charter convention, or alternative article or proposition, which is to be submitted to the voters. Within ten days following the vote the said clerk shall publish once in said newspaper the full text of any charter, charter amendment, measure, or proposal for a charter convention, or alternative article or proposition, which shall have been approved by majority of those voting thereon, and he shall file with the secretary of state two copies thereof (with the vote for and against) officially certified by him, and the same shall go into effect from the date of such filing. He shall also certify to the secretary of state, with the vote for and against, two copies of every defeated alternative article or proposition, charter, charter amendment, measure or proposal for a charter convention. Each charter shall also provide for a reference upon proper petition therefor, of measures passed by the council to a vote of the qualified electors, and for the initiative by the qualified electors of such ordinances as they may by petition request.
The signatures to petitions in this amendment mentioned need not all be on one paper. Nothing herein or elsewhere shall prevent the council, if it sees fit, from adopting automatic vote registers for use at elections and references.
No charter, charter amendment or measure adopted or defeated under the provisions of this amendment shall be amended, repealed or revived, except by petition and electoral vote. And no such charter, charter amendment or measure shall diminish the tax rate for state purposes fixed by act of the general assembly, or interfere in any wise with the collection of state taxes.
The city council, or board of trustees, or other body in which the legislative powers of any home rule city or town may then be vested, on its own initiative, may submit any measure, charter amendment, or the question whether or not a charter convention shall be called, at any general or special state or municipal election held not less than 30 days after the effective date of the ordinance or resolution submitting such question to the voters.
Art. XX §6 | HOME RULE FOR CITIES AND TOWNS
Such charter and the ordinances made pursuant thereto in such matters shall supersede within the territorial limits and other jurisdiction of said city or town any law of the state in conflict therewith.
Proposals for charter conventions shall be submitted by the city council or board of trustees, or other body in which the legislative powers of the city or town shall then be vested, at special elections, or at general, state or municipal elections, upon petition filed by qualified electors, all in reasonable conformity with section 5 of this article, and all proceedings thereon or thereafter shall be in reasonable conformity with sections 4 and 5 of this article.
From and after the certifying to and filing with the secretary of state of a charter framed and approved in reasonable conformity with the provisions of this article, such city or town, and the citizens thereof, shall have the powers set out in sections 1, 4 and 5 of this article, and all other powers necessary, requisite or proper for the government and administration of its local and municipal matters, including power to legislate upon, provide, regulate, conduct and control:
b. The creation of police courts; the definition and regulation of the jurisdiction, powers and duties thereof, and the election or appointment of police magistrates therefor;
c. The creation of municipal courts; the definition and regulation of the jurisdiction, powers and duties thereof, and the election or appointment of the officers thereof;
d. All matters pertaining to municipal elections in such city or town, and to electoral votes therein on measures submitted under the charter or ordinances thereof, including the calling or notice and the date of such election or vote, the registration of voters, nominations, nomination and election systems, judges and clerks of election, the form of ballots, balloting, challenging, canvassing, certifying the result, securing the purity of elections, guarding against abuses of the elective franchise, and tending to make such elections or electoral votes nonpartisan in character;
e. The issuance, refunding and liquidation of all kinds of municipal obligations, including bonds and other obligations of park, water and local improvement districts;
f. The consolidation and management of park or water districts in such cities or towns or within the jurisdiction thereof; but no such consolidation shall be effective until approved by the vote of a majority, in each district to be consolidated, of the qualified electors voting therein upon the question;
g. The assessment of property in such city or town for municipal taxation and the levy and collection of taxes thereon for municipal purposes and special assessments for local improvements; such assessments, levy and collection of taxes and special assessments to be made by municipal officials or by the county or state officials as may be provided by the charter;
h. The imposition, enforcement and collection of fines and penalties for the violation of any of the provisions of the charter, or of any ordinance adopted in pursuance of the charter.
The statutes of the state of Colorado, so faras applicable, shall continue to apply to such cities and towns, except insofar as superseded by the charters of such cities and towns or by ordinance passed pursuant to such charters.
All provisions of the charters of the city and county of Denver and the cities of Pueblo, Colorado Springs and Grand Junction, as heretofore certified to and filed with the secretary of state, and of the charter of any other city heretofore approved by a majority of those voting thereon and certified to and filed with the secretary of state, which provisions are not in conflict with this article, and all elections and electoral votes heretofore had under and pursuant thereto, are hereby ratified, affirmed and validated as of their date.
Any act in violation of the provisions of such charter or of any ordinance thereunder shall be criminal and punishable as such when so provided by any statute now or hereafter in force.
The provisions of this section 6 shall apply to the city and county of Denver.
This article shall be in all respects self-executing.
Art. XX §7 | CITY AND COUNTY OF DENVER SINGLE SCHOOL DISTRICT - CONSOLIDATIONS
The said board of education shall perform all the acts and duties required to be performed for said district by the general laws of the state. Except as inconsistent with this amendment, the general school laws of the state shall, unless the context evinces a contrary intent, be held to extend and apply to the said "District No. 1".
Upon the annexation of any contiguous municipality which shall include a school district or districts or any part of a district, said school district or districts or part shall be merged in said "District No. 1", which shall then own all the property thereof, real and personal, located within the boundaries of such annexed municipality, and shall assume and pay all the bonds, obligations and indebtedness of each of the said included school districts, and a proper proportion of those of partially included districts.
Provided, however, that the indebtedness, both principal and interest, which any school district may be under at the time when it becomes a part, by this amendment or by annexation, of said "District No. 1", shall be paid by said school district so owing the same by a special tax to be fixed and certified by the board of education to the council which shall levy the same upon the property within the boundaries of such district, respectively, as the same existed at the time such district becomes a part of said "District No. 1", and in case of partially included districts such tax shall be equitably apportioned upon the several parts thereof.
Art. XX §8 | CONFLICTING CONSTITUTIONAL PROVISIONS DECLARED INAPPLICABLE
Art. XX §9 | PROCEDURE AND REQUIREMENTS FOR ADOPTION
(2) The general assembly shall provide by statute procedures under which the registered electors of any proposed or existing city and county, city, or town may adopt, amend, and repeal a municipal home rule charter. Action to initiate home rule shall be by petition, signed by not less than five percent of the registered electors of the proposed or existing city and county, city, or town, or by proper ordinance by the city council or board of trustees of a town, submitting the question of the adoption of a municipal home rule charter to the registered electors of the city and county, city, or town. No municipal home rule charter, amendment thereto, or repeal thereof, shall become effective until approved by a majority of the registered electors of such city and county, city, or town voting thereon. A new city or town may acquire home rule status at the time of its incorporation.
(3) The provisions of this article as they existed prior to the effective date of this section, as they relate to procedures for the initial adoption of home rule charters and for the amendment of existing home rule charters, shall continue to apply until superseded by statute.
(4) It is the purpose of this section to afford to the people of all cities, cities and counties, and towns the right to home rule regardless of population, period of incorporation, or other limitation, and for this purpose this section shall be self-executing. It is the further purpose of this section to facilitate adoption and amendment of home rule through such procedures as may hereafter be enacted by the general assembly.
Art. XX §10 | CITY AND COUNTY OF BROOMFIELD - CREATED
The city and county of Broomfield shall have perpetual succession; shall own, possess, and hold all real and personal property, including water rights, the right to use water, and contracts for water, currently owned, possessed, or held by the said city of Broomfield; shall assume, manage, and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities of, shall acquire all benefits of, and shall assume and pay all bonds, obligations, and indebtedness of said city of Broomfield and its proportionate share of the general obligation indebtedness and, as provided by intergovernmental agreement, its proportionate share of revenue bond obligations of the counties of Adams, Boulder, Jefferson, and Weld on and after November 15, 2001.
The city and county of Broomfield may sue and defend, plead, and be impleaded in all courts and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may grant franchises; may purchase, receive, hold, and enjoy, or sell and dispose of real and personal property; may receive bequests, gifts, and donations of real and personal property, or real and personal property in trust for public, charitable, or other purposes, and do all things and acts necessary to carry out the purposes of such gifts, bequests, donations, and trusts with power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, donation, or trust.
The city and county of Broomfield shall have the power within and without its territorial limits to construct, condemn, purchase, acquire, lease, add to, maintain, conduct, and operate water works, water supplies, sanitary sewer facilities, storm water facilities, parks, recreation facilities, open space lands, light plants, power plants, heating plants, electric and other energy facilities and systems, gas facilities and systems, transportation systems, cable television systems, telecommunication systems, and other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefor, for the use of said city and county and the inhabitants thereof; to purchase in whole or in part any such systems, plants, works, facilities, or ways, or any contracts in relation or connection thereto that may exist, and may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain; and to issue bonds in accordance with its charter in any amount necessary to carry out any said powers or purposes, as the charter may provide and limit. The city and county of Broomfield shall have all of the powers of its charter and shall have all of the powers set out in section 6 of this article, including the power to make, amend, add to, or replace its charter as set forth in section 9 of this article. The charter provisions and procedures shall supersede any constitutional or statutory limitations and procedures regarding financial obligations. The city and county of Broomfield shall have all powers conferred to home rule municipalities and to home rule counties by the constitution and general laws of the state of Colorado that are not inconsistent with the constitutional provisions creating the city and county of Broomfield.
Prior to November 15, 2001, the charter and ordinances of the city of Broomfield shall govern all local and municipal matters of the city. On and after November 15, 2001, the constitutional provisions creating and governing the city and county of Broomfield, the city and county charter adopted in accordance with these constitutional provisions, and the ordinances existing and adopted from time to time shall govern all local and municipal matters of the city and county of Broomfield.
On and after November 15, 2001, the requirements of section 3 of article XIV of this constitution and the general annexation and consolidation statutes of the state relating to counties shall apply to the city and county of Broomfield. On and after November 15, 2001, any contiguous territory, together with all property belonging thereto, hereafter annexed to or consolidated with the city and county of Broomfield under any laws of this state, in whatsoever county the same may be at the time, shall be detached from such other county and become a municipal and territorial part of the city and county of Broomfield.
On and after November 15, 2001, no annexation or consolidation proceeding shall be initiated pursuant to the general annexation and consolidation statutes of the state to annex lands to or consolidate lands with the city and county of Broomfield until such proposed annexation or consolidation is first approved by a majority vote of a seven-member boundary control commission. The boundary control commission shall be composed of one commissioner from each of the boards of commissioners of Adams, Boulder, Jefferson, and Weld counties, respectively, and three elected officials of the city and county of Broomfield. The commissioners from each of the said counties shall be appointed by resolution of the respective county boards of commissioners. The three elected officials from the city and county of Broomfield shall be appointed by the mayor of the city and county of Broomfield. The boundary control commission shall adopt all actions, including actions regarding procedural rules, by majority vote. Each member of the boundary control commission shall have one vote, including the commissioner who acts as chairperson of the commission. The commission shall file all procedural rules adopted by the commission with the secretary of state.
Enacted by the people November 3, 1998 -- Effective upon proclamation of the Governor, January --, 1999. (For the text of this amendment and the votes cast thereon, see L. 98, p. 2225.)
Art. XX §11 | OFFICERS - CITY AND COUNTY OF BROOMFIELD
Art. XX §12 | TRANSFER OF GOVERNMENT
Art. XX §13 | SECTIONS SELF-EXECUTING - APPROPRIATIONS
Recall from Office
Art. XXI §1 | STATE OFFICERS MAY BE RECALLED
The procedure hereunder to effect the recall of an elective public officer shall be as follows:
A petition signed by registered electors entitled to vote for a successor of the incumbent sought to be recalled, equal in number to twenty-five percent of the entire vote cast at the last preceding election for all candidates for the position which the incumbent sought to be recalled occupies, demanding an election of the successor to the officer named in said petition, shall be filed in the office in which petitions for nominations to office held by the incumbent sought to be recalled are required to be filed; provided, if more than one person is required by law to be elected to fill the office of which the person sought to be recalled is an incumbent, then the said petition shall be signed by registered electors entitled to vote for a successor to the incumbent sought to be recalled equal in number to twenty-five percent of the entire vote cast at the last preceding general election for all candidates for the office, to which the incumbent sought to be recalled was elected as one of the officers thereof, said entire vote being divided by the number of all officers elected to such office, at the last preceding general election; and such petition shall contain a general statement, in not more than two hundred words, of the ground or grounds on which such recall is sought, which statement is intended for the information of the registered electors, and the registered electors shall be the sole and exclusive judges of the legality, reasonableness and sufficiency of such ground or grounds assigned for such recall, and said ground or grounds shall not be open to review.
Art. XXI §2 | FORM OF RECALL PETITION
The signatures to such recall petition need not all be on one sheet of paper, but each signer must add to his signature the date of his signing said petition, and his place of residence, giving his street number, if any, should he reside in a town or city. The person circulating such sheet must make and subscribe an oath on said sheet that the signatures thereon are genuine, and a false oath, willfully so made and subscribed by such person, shall be perjury and be punished as such. All petitions shall be deemed and held to be sufficient if they appear to be signed by the requisite number of signers, and such signers shall be deemed and held to be registered electors, unless a protest in writing under oath shall be filed in the office in which such petition has been filed, by some registered elector, within fifteen days after such petition is filed, setting forth specifically the grounds of such protest, whereupon the officer with whom such petition is filed shall forthwith mail a copy of such protest to the person or persons named in such petition as representing the signers thereof, together with a notice fixing a time for hearing such protest not less than five nor more than ten days after such notice is mailed. All hearings shall be before the officer with whom such protest is filed, and all testimony shall be under oath. Such hearings shall be summary and not subject to delay, and must be concluded within thirty days after such petition is filed, and the result thereof shall be forthwith certified to the person or persons representing the signers of such petition. In case the petition is not sufficient it may be withdrawn by the person or a majority of the persons representing the signers of such petition, and may, within fifteen days thereafter, be amended and refiled as an original petition. The finding as to the sufficiency of any petition may be reviewed by any state court of general jurisdiction in the county in which such petition is filed, upon application of the person or a majority of the persons representing the signers of such petition, but such review shall be had and determined forthwith. The sufficiency, or the determination of the sufficiency, of the petition referred to in this section shall not be held, or construed, to refer to the ground or grounds assigned in such petition for the recall of the incumbent sought to be recalled from office thereby.
When such petition is sufficient, the officer with whom such recall petition was filed, shall forthwith submit said petition, together with a certificate of its sufficiency to the governor, who shall thereupon order and fix the date for holding the election not less than thirty days nor more than sixty days from the date of submission of said petition; provided, if a general election is to be held within ninety days after the date of submission of said petition, the recall election shall be held as part of said general election.
Art. XXI §3 | RESIGNATION - FILLING VACANCY
On the official ballot at such elections shall be printed in not more than 200 words, the reasons set forth in the petition for demanding his recall, and in not more than three hundred words there shall also be printed, if desired by him, the officer's justification of his course in office. If such officer shall resign at any time subsequent to the filing thereof, the recall election shall be called notwithstanding such resignation.
There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the words, "Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of the office)?" Following such question shall be the words, "Yes" and "No", on separate lines, with a blank space at the right of each, in which the voter shall indicate, by marking a cross (X), his vote for or against such recall.
On such ballots, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled; but no vote cast shall be counted for any candidate for such office, unless the voter also voted for or against the recall of such person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office.
If a majority of those voting on said question of the recall of any incumbent from office shall vote "no", said incumbent shall continue in said office; if a majority shall vote "yes", such incumbent shall thereupon be deemed removed from such office upon the qualification of his successor.
If the vote had in such recall elections shall recall the officer then the candidate who has received the highest number of votes for the office thereby vacated shall be declared elected for the remainder of the term, and a certificate of election shall be forthwith issued to him by the canvassing board. In case the person who received the highest number of votes shall fail to qualify within fifteen days after the issuance of a certificate of election, the office shall be deemed vacant, and shall be filled according to law.
Candidates for the office may be nominated by petition, as now provided by law, which petition shall be filed in the office in which petitions for nomination to office are required by law to be filed not less than fifteen days before such recall election.
Art. XXI §4 | LIMITATION - MUNICIPAL CORPORATIONS MAY ADOPT, WHEN
After one recall petition and election, no further petition shall be filed against the same officer during the term for which he was elected, unless the petitioners signing said petition shall equal fifty percent of the votes cast at the last preceding general election for all of the candidates for the office held by such officer as herein above defined.
In any recall election of a state elective officer, if the incumbent whose recall is sought is not recalled, he shall be repaid from the state treasury for the expenses of such election in the manner provided by law. The general assembly may establish procedures for the reimbursement by a local governmental entity of expenses incurred by an incumbent elective officer of such governmental entity whose recall is sought but who is not recalled.
If the governor is sought to be recalled under the provisions of this article, the duties herein imposed upon him shall be performed by the lieutenant-governor; and if the secretary of state is sought to be recalled, the duties herein imposed upon him, shall be performed by the state auditor.
The recall may also be exercised by the registered electors of each county, city and county, city and town of the state, with reference to the elective officers thereof, under such procedure as shall be provided by law.
Until otherwise provided by law, the legislative body of any such county, city and county, city and town may provide for the manner of exercising such recall powers in such counties, cities and counties, cities and towns, but shall not require any such recall to be signed by registered electors more in number than twenty-five percent of the entire vote cast at the last preceding election, as in section 1 hereof more particularly set forth, for all the candidates for office which the incumbent sought to be recalled occupies, as herein above defined.
Every person having authority to exercise or exercising any public or governmental duty, power or function, shall be an elective officer, or one appointed, drawn or designated in accordance with law by an elective officer or officers, or by some board, commission, person or persons legally appointed by an elective officer or officers, each of which said elective officers shall be subject to the recall provision of this constitution; provided, that, subject to regulation by law, any person may, without compensation therefor, file petitions, or complaints in courts concerning crimes, or do police duty only in cases of immediate danger to person or property.
Nothing herein contained shall be construed as affecting or limiting the present or future powers of cities and counties or cities having charters adopted under the authority given by the constitution, except as in the last three preceding paragraphs expressed.
In the submission to the electors of any petition proposed under this article, all officers shall be guided by the general laws of the state, except as otherwise herein provided.
This article is self-executing, but legislation may be enacted to facilitate its operations, but in no way limiting or restricting the provisions of this article, or the powers herein reserved.
Intoxicating LIQUORS
Art. XXII §1 | [REPEALED]
Publication of Legal Advertising
Art. XXIII §1 | PUBLICATION OF PROPOSED CONSTITUTIONAL AMENDMENTS AND INITIATED AND REFERRED BILLS. (REPEALED)
Old Age Pensions
Art. XXIV §1 | FUND CREATED
Art. XXIV §2 | MONEYS ALLOCATED TO FUND
(b) Eighty-five percent of all net revenue accrued or accruing, received or receivable from taxes of whatever kind upon all malt, vinous, or spirituous liquor, both intoxicating and non-intoxicating, and license fees connected therewith.
(c) (Deleted by amendment, L. 2006, p. 2956, effective upon proclamation of the Governor, L. 2007, p. 2964, December 31, 2006.)
(d) All grants in aid from the federal government for old age assistance.
(e) (Deleted by amendment, L. 2006, p. 2956, effective upon proclamation of the Governor, L. 2007, p. 2964, December 31, 2006.)
(f) Such other money as may be allocated to said fund by the general assembly.
Art. XXIV §3 | PERSONS ENTITLED TO RECEIVE PENSIONS
Art. XXIV §4 | THE STATE BOARD OF PUBLIC WELFARE TO ADMINISTER FUND
Art. XXIV §5 | REVENUES FOR OLD AGE PENSION FUND CONTINUED
Art. XXIV §6 | BASIC MINIMUM AWARD
(b) From and after the effective date of this article, the basic minimum award payable to those persons qualified to receive an old age pension shall be one hundred dollars monthly, provided, however, that the amount of net income, from whatever source, that any person qualified to receive a pension may have shall be deducted from the amount of the pension award unless otherwise provided by law.
(c) The state board of public welfare, or such other agency as may be authorized by law to administer old age pensions, shall have the power to adjust the basic minimum award above one hundred dollars per month if, in its discretion, living costs have changed sufficiently to justify that action.
Art. XXIV §7 | STABILIZATION FUND AND HEALTH AND MEDICAL CARE FUND
(b) Any moneys remaining in the old age pension fund after full payment of such basic minimum awards shall be transferred to a fund to be known as the stabilization fund, which fund shall be maintained at the amount of five million dollars, and restored to that amount after any disbursements therefrom. The state board of public welfare, or such other agency as may be authorized by law to administer old age pensions, shall use the moneys in such fund only to stabilize payments of basic minimum awards.
(c) Any moneys remaining in the old age pension fund, after full payment of basic minimum awards and after establishment and maintenance of the stabilization fund in the amount of five million dollars, shall be transferred to a healthand medical care fund. The state board of public welfare, or such other agency as may be authorized by law to administer old age pensions, shall establish and promulgate rules and regulations for administration of a program to provide health and medical care to persons who qualify to receive old age pensions and who are not patients in an institution for tuberculosis or mental disease; the costs of such program, not to exceed ten million dollars in any fiscal year, shall be defrayed from such health and medical care fund; provided, however, all moneys available, accrued or accruing, received or receivable, in said health and medical care fund, in excess of ten million dollars in any fiscal year shall be transferred to the general fund of the state to be used pursuant to law.
Art. XXIV §8 | FUND TO REMAIN INVIOLATE
Art. XXIV §9 | EFFECTIVE DATE. (REPEALED)
Public Utilities
Art. XXV §1 | PUBLIC UTILITIES
Until such time as the General Assembly may otherwise designate, said authority shall be vested in the Public Utilities Commission of the State of Colorado; provided however, nothing herein shall affect the power of municipalities to exercise reasonable police and licensing powers, nor their power to grant franchises; and provided, further, that nothing herein shall be construed to apply to municipally owned utilities.
Nuclear Detonations
Art. XXVI §1 | NUCLEAR DETONATIONS PROHIBITED - EXCEPTIONS
Art. XXVI §2 | ELECTION REQUIRED
Art. XXVI §3 | CERTIFICATION OF INDEMNIFICATION REQUIRED
Art. XXVI §4 | ARTICLE SELF-EXECUTING
Art. XXVI §5 | SEVERABILITY
Great OUTDOORS Colorado Program
Art. XXVII §1 | GREAT OUTDOORS COLORADO PROGRAM
(II) Implement educational programs about wildlife and wildlife environment;
(III) Provide appropriate programs for maintaining Colorado's diverse wildlife heritage;
(IV) Protect crucial wildlife habitats through the acquisition of lands, leases or easements and restore critical areas;
(II) Develop appropriate public information and environmental education resources on Colorado's natural resources at state parks, recreation areas, and other locations throughout the state;
(III) Acquire, construct and maintain trails and river greenways;
(IV) Provide water for recreational purposes through the acquisition of water rights or through agreements with holders of water rights, all in accord with applicable state water law;
(d) A program for grants to match local investments to acquire, develop and manage open space, parks, and environmental education facilities, and which will encourage cooperative investments by other public or private entities for these purposes.
Art. XXVII §2 | TRUST FUND CREATED
Art. XXVII §3 | MONEYS ALLOCATED TO TRUST FUND
(b) For each quarter including and after the first quarter of the State's Fiscal Year 1998-1999:
(II) Ten percent to the Division of Parks and Outdoor Recreation for the acquisition, development and improvement of new and existing state parks, recreation areas and recreational trails; and
(III) All remaining Net Proceeds in trust to the Board of the Trust Fund, provided, however, that in any state fiscal year in which the portion of the Net Proceeds which would otherwise be given in trust to the State Board of the Trust Fund exceeds the amount of $35 million, to be adjusted each year for changes from the 1992 Consumer Price Index-Denver, the Net Proceeds in excess of such amount or adjusted amount shall be allocated to the General Fund of the State of Colorado.
(b) Any property donated specifically to the State of Colorado for the specific purpose of benefitting the Trust Fund, including contributions, grants, gifts, bequests, donations, and federal, state, or local grants; and
(c) Such other moneys as may be allocated to the Trust Fund by the General Assembly.
Art. XXVII §4 | FUND TO REMAIN INVIOLATE
Art. XXVII §5 | TRUST FUND EXPENDITURES
(II) Investments in the outdoor recreation resources of Colorado through the Colorado Division of Parks and Outdoor Recreation, including the State Parks System, trails, public information and environmental education resources, and water for recreational facilities, consistent with the purposes set forth in Section 1(1)(b) of this article;
(III) Competitive grants to the Colorado Divisions of Parks and Outdoor Recreation and Wildlife, and to counties, municipalities or other political subdivisions of the state, or nonprofit land conservation organizations, to identify, acquire and manage open space and natural areas of statewide significance, consistent with the purposes set forth in Section 1(1)(c) of this article; and
(IV) Competitive matching grants to local governments or other entities which are eligible for distributions from the conservation trust fund, to acquire, develop or manage open lands and parks, consistent with the purposes set forth in Section 1 (1) (d) of this article;
Art. XXVII §6 | THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
(2) The Board shall be responsible for, and shall have the power to undertake the following actions:
(b) To promulgate rules and regulations as are necessary or expedient for the conduct of its affairs and its meetings and of meetings of any committees and generally for the administration of this article, provided, however, that such rules and regulations shall give the public an opportunity to comment on the general policies of the Board and upon specific grant proposals before the Board;
(c) To cause to be published and distributed an annual report, including a financial report, to the citizens, the Governor and the General Assembly of Colorado, which will set out the Board's progress in administering the funds appropriated to it, and the Board's objectives and its budget for the forthcoming year, and to consult with the General Assembly from time to time concerning its objectives and its budget;
(d) To administer the distribution of grants pursuant to Sections 1(1)(c), 1(1)(d), 5(1)(a)(III), and 5(1)(a)(IV) of this article, with the expense of administering said grants to be defrayed from the funds made available to the program elements of said sections;
(e) Commencing July 1, 1993, to determine what portions, if any, of moneys allocated to the Trust Fund should be invested in an interest-bearing Trust Fund account by the Treasurer of the State of Colorado, to remain in the Trust Fund and available for expenditure in future years;
(f) To employ such staff and to contract for such office space and acquire such equipment and supplies and enter into such other contracts as it may consider necessary from time to time to accomplish its purposes, and to pay the cost thereof from the funds appropriated to the Board under this article, provided, however, that to the extent it is reasonably feasible to do so the Board shall (I) contract with the Colorado Department of Natural Resources or other state agency for necessary administrative support and (II) endeavor to keep the level of administrative expense as low as may be practicable in comparison with its expenditures for the purposes set forth in Section 1 of this article, and the Board may contract with the State Personnel Board or any successor thereof for personnel services.
Art. XXVII §7 | NO EFFECT ON COLORADO WATER LAW
Art. XXVII §8 | NO SUBSTITUTION ALLOWED
Art. XXVII §9 | EMINENT DOMAIN
Art. XXVII §10 | PAYMENT IN LIEU OF TAXES
Art. XXVII §11 | EFFECTIVE DATE
Campaign and Political Finance
Art. XXVIII §1 | PURPOSES AND FINDINGS
Art. XXVIII §2 | DEFINITIONS
(2) "Candidate" means any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. "Candidate" also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article.
(3) "Candidate committee" means a person, including the candidate, or persons with the common purpose of receiving contributions or making expenditures under the authority of a candidate. A contribution to a candidate shall be deemed a contribution to the candidate's candidate committee. A candidate shall have only one candidate committee. A candidate committee shall be considered open and active until affirmatively closed by the candidate or by action of the secretary of state.
(4) "Conduit" means a person who transmits contributions from more than one person, directly to a candidate committee. "Conduit" does not include the contributor's immediate family members, the candidate or campaign treasurer of the candidate committee receiving the contribution, a volunteer fund raiser hosting an event for a candidate committee, or a professional fund raiser if the fund raiser is compensated at the usual and customary rate.
(4.5) "Contract holder" means any non-governmental party to a sole source government contract, including persons that control ten percent or more shares or interestin that party; or that party's officers, directors or trustees; or, in the case of collective bargaining agreements, the labor organization and any political committees created or controlled by the labor organization;
(5)
(II) Any payment made to a third party for the benefit of any candidate committee, issue committee, political committee, small donor committee, or political party;
(III) The fair market value of any gift or loan of property made to any candidate committee, issue committee, political committee, small donor committee or political party;
(IV) Anything of value given, directly or indirectly, to a candidate for the purpose of promoting the candidate's nomination, retention, recall, or election.
(b) The period of time beginning thirty-one days following a general election for the particular office and ending thirty days following the special legislative election for that office; or
(c) The period of time beginning thirty-one days following the special legislative election for the particular office and ending thirty days following the next general election for that office.
(II) Is broadcasted, printed, mailed, delivered, or distributed within thirty days before a primary election or sixty days before a general election; and
(III) Is broadcasted to, printed in a newspaper distributed to, mailed to, delivered by hand to, or otherwise distributed to an audience that includes members of the electorate for such public office.
(II) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or political party;
(III) Any communication by persons made in the regular course and scope of their business or any communication made by a membership organization solely to members of such organization and their families;
(IV) Any communication that refers to any candidate only as part of the popular name of a bill or statute.
(b) "Expenditure" does not include:
(II) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or political party;
(III) Spending by persons, other than political parties, political committees and small donor committees, in the regular course and scope of their business or payments by a membership organization for any communication solely to members and their families;
(IV) Any transfer by a membership organization of a portion of a member's dues to a small donor committee or political committee sponsored by such membership organization; or payments made by a corporation or labor organization for the costs of establishing, administering, or soliciting funds from its own employees or members for a political committee or small donor committee.
(9) "Independent expenditure" means an expenditure that is not controlled by or coordinated with any candidate or agent of such candidate. Expenditures that are controlled by or coordinated with a candidate or candidate's agent are deemed to be both contributions by the maker of the expenditures, and expenditures by the candidate committee.
(10)
(II) That has accepted or made contributions or expenditures in excess of two hundred dollars to support or oppose any ballot issue or ballot question.
(c) An issue committee shall be considered open and active until affirmatively closed by such committee or by action of the appropriate authority.
(12)
(b) "Political committee" does not include political parties, issue committees, or candidate committees as otherwise defined in this section.
(c) For the purposes of this article, the following are treated as a single political committee:
(II) All political committees established, financed, maintained, or controlled by a single labor organization; except that, any political committee established, financed, maintained, or controlled by a local unit of the labor organization which has the authority to make a decision independently of the state and national units as to which candidates to support or oppose shall be deemed separate from the political committee of the state and national unit;
(III) All political committees established, financed, maintained, or controlled by the same political party;
(IV) All political committees established, financed, maintained, or controlled by substantially the same group of persons.
(14)
(b) "Small donor committee" does not include political parties, political committees, issue committees, or candidate committees as otherwise defined in this section.
(c) For the purposes of this article, the following are treated as a single small donor committee:
(II) All small donor committees established, financed, maintained, or controlled by a single labor organization; except that, any small donor committee established, financed, maintained, or controlled by a local unit of the labor organization which has the authority to make a decision independently of the state and national units as to which candidates to support or oppose shall be deemed separate from the small donor committee of the state andn ational unit;
(III) All small donor committees established, financed, maintained, or controlled by the same political party;
(IV) All small donor committees established, financed, maintained, or controlled by substantially the same group of persons.
(14.6) "State or any of its political subdivisions" means the state of Colorado and its agencies or departments, as well as the political subdivisions within this state including counties, municipalities, school districts, special districts, and any public or quasi-public body that receives a majority of its funding from the taxpayers of the state of Colorado.
(15) "Unexpended campaign contributions" means the balance of funds on hand in any candidate committee at the end of an election cycle, less the amount of all unpaid monetary obligations incurred prior to the election in furtherance of such candidacy.
Art. XXVIII §3 | CONTRIBUTION LIMITS
(II) Secretary of state, state treasurer, or attorney general candidate committee; and
(II) Secretary of state, state treasurer, or attorney general candidate committee; and
(b) No political party shall accept aggregate contributions from any small donor committee that exceed fifteen thousand dollars per year at the state, county, district, and local level combined, and of such amount no more than twelve thousand, five hundred dollars at the state level;
(c) No political party shall accept contributions that are intended, or in any way designated, to be passed through the party to a specific candidate's candidate committee;
(d) In the applicable election cycle, no political party shall contribute to any candidate committee more than twenty percent of the applicable spending limit set forth in section 4 of this article.
(e) Any unexpended campaign contributions retained by a candidate committee for use in a subsequent election cycle shall be counted and reported as contributions from a political party in any subsequent election for purposes of paragraph (d) of this subsection (3);
(b) The prohibition contained in paragraph (a) of this subsection (4) shall not apply to a corporation that:
(II) Has no shareholders or other persons with a claim on its assets or income; and
(III) Was not established by and does not accept contributions from business corporations or labor organizations.
(6) No candidate's candidate committee shall accept contributions from, or make contributions to, another candidate committee, including any candidate committee, or equivalent entity, established under federal law.
(7) No person shall act as a conduit for a contribution to a candidate committee.
(8) Notwithstanding any other section of this article to the contrary, a candidate's candidate committee may receive a loan from a financial institution organized under state or federal law if the loan bears the usual and customary interest rate, is made on a basis that assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule. The contribution limits described in this section shall not apply to a loan as described in this subsection (8).
(9) All contributions received by a candidate committee, issue committee, political committee, small donor committee, or political party shall be deposited in a financial institution in a separate account whose title shall include the name of the committee or political party. All records pertaining to such accounts shall be maintained by the committee or political party for one-hundred eighty days following any general election in which the committee or party received contributions unless a complaint is filed, in which case they shall be maintained until final disposition of the complaint and any consequent litigation. Such records shall be subject to inspection at any hearing held pursuant to this article.
(10) No candidate committee, political committee, small donor committee, issue committee, or political party shall accept a contribution, or make an expenditure, in currency or coin exceeding one hundred dollars.
(11) No person shall make a contribution to a candidate committee, issue committee, political committee, small donor committee, or political party with the expectation that some or all of the amounts of such contribution will be reimbursed by another person. No person shall be reimbursed for a contribution made to any candidate committee, issue committee, political committee, small donor committee, or political party, nor shall any person make such reimbursement except as provided in subsection (8) of this section.
(12) No candidate committee, political committee, small donor committee, or political party shall knowingly accept contributions from:
(b) A foreign government; or
(c) Any foreign corporation that does not have the authority to transact business in this state pursuant to article 115 of title 7, C.R.S., or any successor section.
Art. XXVIII §4 | VOLUNTARY CAMPAIGN SPENDING LIMITS
(b) Five hundred thousand dollars for a candidate for secretary of state, attorney general, or treasurer;
(c) Ninety thousand dollars for a candidate for the state senate;
(d) Sixty-five thousand dollars for a candidate for the state house of representatives, state board of education, regent of the university of Colorado, or district attorney.
(3) Each candidate who chooses to accept the applicable voluntary spending limit shall file a statement to that effect with the secretary of state at the time that the candidate files a candidate affidavit as currently set forth in section 1-45-110(1), C.R.S., or any successor section. Acceptance of the applicable voluntary spending limit shall be irrevocable except as set forth in subsection (4) of this section and shall subject the candidate to the penalties set forth in section 10 of this article for exceeding the limit.
(4) If a candidate accepts the applicable spending limit and another candidate for the same office refuses to accept the spending limit, the accepting candidate shall have ten days in which to withdraw acceptance. The accepting candidate shall have this option of withdrawing acceptance after each additional non-accepting candidate for the same office enters the race.
(5) The applicable contribution limits set forth in section 3 of this article shall double for any candidate who has accepted the applicable voluntary spending limit if:
(b) The non-accepting candidate has raised more than ten percent of the applicable voluntary spending limit.
(7) Each spending limit described in subsection (1) of this section shall be adjusted by an amount based upon the percentage change over a four year period in the United States bureau of labor statistics consumer price index for Denver-Boulder-Greeley, all items, all consumers, or its successor index, rounded to the nearest lowest twenty-five dollars. The first adjustment shall be done in the first quarter of 2007 and then every four years thereafter. The secretary of state shall calculate such an adjustment in each limit and specify the limits in rules promulgated in accordance with article 4 of title 24, C.R.S., or any successor section.
Art. XXVIII §5 | INDEPENDENT EXPENDITURES
(2) Any person making an independent expenditure in excess of one thousand dollars shall disclose, in the communication produced by the expenditure, the name of the person making the expenditure and the specific statement that the advertisement of material is not authorized by any candidate. Such disclosure shall be prominently featured in the communication.
(3) Expenditures by any person on behalf of a candidate for public office that are coordinated with or controlled by the candidate or the candidate's agent, or political party shall be considered a contribution to the candidate's candidate committee, or the political party, respectively.
(4) This section 5 applies only to independent expenditures made for the purpose of expressly advocating the defeat or election of any candidate.
Art. XXVIII §6 | ELECTIONEERING COMMUNICATIONS
Art. XXVIII §7 | DISCLOSURE
Art. XXVIII §8 | FILING - WHERE TO FILE - TIMELINESS
Art. XXVIII §9 | DUTIES OF THE SECRETARY OF STATE - ENFORCEMENT
(b) Promulgate such rules, in accordance with article 4 of title 24, C.R.S., or any successor section, as may be necessary to administer and enforce any provision of this article;
(c) Prepare forms for candidates to declare their voluntary acceptance of the campaign spending limits set forth in section 4 of this article. Such forms shall include an acknowledgment that the candidate voluntarily accepts the applicable spending limit and that the candidate swears to abide by those spending limits. These forms shall be signed by the candidate under oath, notarized, filed with the secretary of state, and available to the public upon request;
(c) Maintain a filing and indexing system consistent with the purposes of this article;
(e) Make the reports and statements filed with the secretary of state's office available immediately for public inspection and copying. The secretary of state may charge a reasonable fee for providing copies of reports. No information copied from such reports shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose;
(f) Refer any complaints filed against any candidate for the office of secretary of state to the attorney general. Any administrative law judge employed pursuant to this section shall be appointed pursuant to part 10 of article 30 of title 24, C.R.S., or any successor section. Any hearing conducted by an administrative law judge employed pursuant to subsection (2) of this section shall be conducted in accordance with the provisions of section 24-4-105, C.R.S., or any successor section.
(b) The attorney general shall investigate complaints made against any candidate for the office of secretary of state using the same procedures set forth in paragraph (a) of this subsection (2). Complainant shall have the same private right of action as under paragraph (a) of this subsection (2).
(c) A subpoena issued by an administrative law judge requiring the production of documents by an issue committee shall be limited to documents pertaining to contributions to, or expenditures from, the committee's separate account established pursuant to section 3(9) of this article to support or oppose a ballot issue or ballot question. A subpoena shall not be limited in this manner where such issue committee fails to form a separate account through which a ballot issue or ballot question is supported or opposed.
Art. XXVIII §10 | SANCTIONS
(2)
(b)
(II) If the administrative law judge finds that the filing of an appeal brought pursuant to sub paragraph (I) of this paragraph (b) was frivolous, groundless, or vexatious, the administrative law judge shall order the person filing the appeal to pay reasonable attorney fees and costs of the secretary of state in connection with such proceeding.
(d) Any unpaid debt owing to the state resulting from a penalty imposed pursuant to this subsection (2) shall be collected by the state in accordance with the requirements of section 24-30-202.4, C.R.S., or any successor section.
Art. XXVIII §11 | CONFLICTING PROVISIONS DECLARED INAPPLICABLE
Art. XXVIII §12 | REPEAL OF CONFLICTING STATUTORY PROVISIONS
Art. XXVIII §13 | APPLICABILITY AND EFFECTIVE DATE
Art. XXVIII §14 | SEVERABILITY
Art. XXVIII §15 | IMPROPRIETY OF CAMPAIGN CONTRIBUTIONS
Art. XXVIII §16 | PUBLISHING GOVERNMENT CONTRACTS
Art. XXVIII §17 | DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
(2) Any person who makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue shall not be qualified to enter into a sole source government contract relating to that particular ballot issue.
(3) The parties shall agree that if a contract holder intentionally violates section 15 or section 17(2), as contractual damages that contract holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. The governor may temporarily suspend any remedy under this section during a declared state of emergency.
(4) Knowing violation of section 15 or section 17(2) by an elected or appointed official is grounds for removal from office and disqualification to hold any office of honor, trust or profit in the state, and shall constitute misconduct or malfeasance.
(5) A registered voter of the state may enforce section 15 or section 17(2) by filing a complaint for injunctive or declaratory relief or for civil damages and remedies, if appropriate, in the district court.
Ethics in Government
Art. XXIX §1 | PURPOSES AND FINDINGS
(b) They shall carry out their duties for the benefit of the people of the state;
(c) They shall, therefore, avoid conduct that is in violation of their public trust or that creates a justifiable impression among members of the public that such trust is being violated;
(d) Any effort to realize personal financial gain through public office other than compensation provided by law is a violation of that trust; and
(e) To ensure propriety and to preserve public confidence, they must have the benefit of specific standards to guide their conduct, and of a penalty mechanism to enforce those standards.
Art. XXIX §2 | DEFINITIONS
(2) "Local government" means county or municipality.
(3) "Local government official" means an elected or appointed official of a local government but does not include an employee of a local government.
(4) "Person" means any individual, corporation, business trust, estate, trust, limited liability company, partnership, labor organization, association, political party, committee, or other legal entity.
(5) "Professional lobbyist" means any individual who engages himself or herself or is engaged by any other person for pay or for any consideration for lobbying. "Professional lobbyist" does not include any volunteer lobbyist, any state official or employee acting in his or her official capacity, except those designated as lobbyists as provided by law, any elected public official acting in his or her official capacity, or any individual who appears as counsel or advisor in an adjudicatory proceeding.
(6) "Public officer" means any elected officer, including all statewide elected officeholders, the head of any department of the executive branch, and elected and appointed members of state boards and commissions. "Public officer" does not include a member of the general assembly, a member of the judiciary, any local government official, or any member of a board, commission, council or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses.
Art. XXIX §3 | GIFT BAN
(2) No public officer, member of the general assembly, local government official, or government employee, either directly or indirectly as the beneficiary of a gift or thing of value given to such person's spouse or dependent child, shall solicit, accept or receive any gift or other thing of value having either a fair market value or aggregate actual cost greater than fifty dollars ($50) in any calendar year, including but not limited to, gifts, loans, rewards, promises or negotiations of future employment, favors or services, honoraria, travel, entertainment, or special discounts, from a person, without the person receiving lawful consideration of equal or greater value in return from the public officer, member of the general assembly, local government official, or government employee who solicited, accepted or received the gift or other thing of value.
(3) The prohibitions in subsections (1) and (2) of this section do not apply if the gift or thing of value is:
(b) An unsolicited item of trivial value less than fifty dollars ($50), such as a pen, calendar, plant, book, note pad or other similar item;
(c) An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
(d) Unsolicited informational material, publications, or subscriptions related to the recipient's performance of official duties;
(e) Admission to, and the cost of food or beverages consumed at, a reception, meal or meeting by an organization before whom the recipient appears to speak or to answer questions as part of a scheduled program;
(f) Reasonable expenses paid by a nonprofit organization or other state or local government for attendance at a convention, fact-finding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate on a panel, or represent the state or local government, provided that the nonprofit organization receives less than five percent (5%) of its funding from for-profit organizations or entities;
(g) Given by an individual who is a relative or personal friend of the recipient on a special occasion.
(h) A component of the compensation paid or other incentive given to the recipient in the normal course of employment.
(5) The general assembly shall make any conforming amendments to the reporting and disclosure requirements for public officers, members of the general assembly and professional lobbyists, as provided by law, to comply with the requirements set forth in this section.
(6) The fifty-dollar ($50) limit set forth in subsection (2) of this section shall be adjusted by an amount based upon the percentage change over a four-year period in the United States bureau of labor statistics consumer price index for Denver- Boulder-Greeley, all items, all consumers, or its successor index, rounded to the nearest lowest dollar. The first adjustment shall be done in the first quarter of 2011 and then every four years thereafter.
Art. XXIX §4 | RESTRICTIONS ON REPRESENTATION AFTER LEAVING OFFICE
Art. XXIX §5 | INDEPENDENT ETHICS COMMISSION
(2)
(II) One member shall be appointed by the Colorado house of representatives;
(III) One member shall be appointed by the governor of the state of Colorado;
(IV) One member shall be appointed by the chief justice of the Colorado supreme court; and
(V) One member shall be either a local government official or a local government employee appointed by the affirmative vote of at least three of the four members appointed pursuant to subparagraphs (I) to (IV) of this paragraph (a).
(c) Each of the five members shall be registered Colorado voters and shall have been continuously registered with the same political party, or continuously unaffiliated with any political party, for at least two years prior to appointment to the commission.
(d) Members of the independent ethics commission shall be appointed to terms of four years; except that, the first member appointed by the Colorado senate and the first member appointed by the governor of the state of Colorado shall initially serve two year terms to achieve staggered ending dates.
(e) If a member is appointed to fill an unexpired term, that member's term shall end at the same time as the term of the person being replaced.
(f) Each member shall continue to serve until a successor has been appointed, except that if a member is unable or unwilling to continue to serve until a successor has been appointed, the original appointing authority as described in this subsection shall fill the vacancy promptly.
(b) The commission may dismiss frivolous complaints without conducting a public hearing. Complaints dismissed as frivolous shall be maintained confidential by the commission.
(c) The commission shall conduct an investigation, hold a public hearing, and render findings on each non-frivolous complaint pursuant to written rules adopted by the commission.
(d) The commission may assess penalties for violations as prescribed by this article and provided by law.
(e) There is hereby established a presumption that the findings shall be based on a preponderance of the evidence unless the commission determines that the circumstances warrant a heightened standard.
(5) Any public officer, member of the general assembly, local government official, or government employee may submit a written request to the independent ethics commission for an advisory opinion on whether any conduct by that person would constitute a violation of this article, or any other standards of conduct or reporting requirements as provided by law. The commission shall render an advisory opinion pursuant to written rules adopted by the commission.
Art. XXIX §6 | PENALTY
Art. XXIX §7 | COUNTIES AND MUNICIPALITIES
Art. XXIX §8 | CONFLICTING PROVISIONS DECLARED INAPPLICABLE
Art. XXIX §9 | LEGISLATION TO FACILITATE ARTICLE
Schedule
Sch. §0 | PREAMBLE TO THE SCHEDULE
Sch. §1 | ALL LAWS REMAIN TILL REPEALED
Sch. §2 | CONTRACTS - RECOGNIZANCES - INDICTMENTS
Sch. §3 | TERRITORIAL PROPERTY VESTS IN STATE
Sch. §4 | DUTY OF GENERAL ASSEMBLY
Sch. §5 | SUPREME AND DISTRICT COURTS - TRANSITION
Sch. §6 | JUDGES - DISTRICT ATTORNEYS - TERM COMMENCE ON FILING OATH
Sch. §7 | SEALS OF SUPREME AND DISTRICT COURTS
Sch. §8 | PROBATE COURT - COUNTY COURT
Sch. §9 | TERMS PROBATE COURT, PROBATE JUDGE, APPLY TO COUNTY COURT, COUNTY JUDGE
Sch. §10 | COUNTY AND PRECINCT OFFICERS
Sch. §11 | VACANCIES IN COUNTY OFFICES
Sch. §12 | CONSTITUTION TAKES EFFECT ON PRESIDENT'S PROCLAMATION
Sch. §13 | FIRST ELECTION, CONTEST
Sch. §14 | FIRST ELECTION - CANVASS
Sch. §15 | SENATORS - REPRESENTATIVES - DISTRICTS
Sch. §16 | CONGRESSIONAL ELECTION - CANVASS
Sch. §17 | GENERAL ASSEMBLY, FIRST SESSION - RESTRICTIONS REMOVED
Sch. §18 | FIRST GENERAL ELECTION - CANVASS
Sch. §19 | PRESIDENTIAL ELECTORS, 1876
Sch. §20 | PRESIDENTIAL ELECTORS AFTER 1876
Sch. §21 | EXPENSES OF CONVENTION
Sch. §22 | RECOGNIZANCES, BONDS, PAYABLE TO PEOPLE CONTINUE
In Witness Whereof, we have hereunto subscribed our names.
J.C. WILSON, President.
H.P.H. BROMWELL,
CASIMIRO BARELA,
GEORGE BOYLES,
W.E. BECK,
BYRON L. CARR,
WM. H. CUSHMAN,
WILLIAM M. CLARK,
A.D. COOPER,
HENRY R. CROSBY,
ROBERT DOUGLAS,
LEWIS C. ELLSWORTH,
CLARENCE P. ELDER,
F.J. EBERT,
WILLARD B. FELTON,
JESUS Ma GARCIA,
LAFAYETTE HEAD,
JOHN S. HOUGH,
DANIEL HURD,
WM. H. JAMES,
WM. R. KENNEDY,
WM. LEE,
ALVIN MARSH,
WM. H. MEYER,
S.J. PLUMB,
GEO. PEASE,
ROBERT A. QUILLIAN,
LEWIS C. ROCKWELL,
WILBUR F. STONE,
WILLIAM C. STOVER,
HENRY C. THATCHER,
AGAPITO VIGIL,
W.W. WEBSTER,
GEORGE G. WHITE,
EBENEZER T. WELLS,
P.P. WILCOX,
JOHN S. WHEELER,
J.W. WIDERFIELD,
ABRAM KNOX YOUNT.
Attest:
CASIMIRO BARELA,
GEORGE BOYLES,
W.E. BECK,
BYRON L. CARR,
WM. H. CUSHMAN,
WILLIAM M. CLARK,
A.D. COOPER,
HENRY R. CROSBY,
ROBERT DOUGLAS,
LEWIS C. ELLSWORTH,
CLARENCE P. ELDER,
F.J. EBERT,
WILLARD B. FELTON,
JESUS Ma GARCIA,
LAFAYETTE HEAD,
JOHN S. HOUGH,
DANIEL HURD,
WM. H. JAMES,
WM. R. KENNEDY,
WM. LEE,
ALVIN MARSH,
WM. H. MEYER,
S.J. PLUMB,
GEO. PEASE,
ROBERT A. QUILLIAN,
LEWIS C. ROCKWELL,
WILBUR F. STONE,
WILLIAM C. STOVER,
HENRY C. THATCHER,
AGAPITO VIGIL,
W.W. WEBSTER,
GEORGE G. WHITE,
EBENEZER T. WELLS,
P.P. WILCOX,
JOHN S. WHEELER,
J.W. WIDERFIELD,
ABRAM KNOX YOUNT.
HERBERT STANLEY, 1st Assistant Secretary.
H.A. TERPENNING, 2nd Assistant Secretary.
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
