Article 5
Legislative Department
Section 1. General assembly initiative and referendum. (1) The legislative power of the state shall be vested in the general assembly consisting of a senate and house of representatives, both to be elected by the people, but the people reserve to themselves the power to propose laws and amendments to the constitution and to enact or reject the same at the polls independent of the general assembly and also reserve power at their own option to approve or reject at the polls any act or item, section, or part of any act of the general assembly.
(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.
(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) The veto power of the governor shall not extend to measures initiated by or referred to the people. All elections on measures initiated by or referred to the people of the state shall be held at the biennial regular general election, and all such measures shall become the law or a part of the constitution, when approved by a majority of the votes cast thereon, and not otherwise, and shall take effect from and after the date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed. This section shall not be construed to deprive the general assembly of the power to enact any measure.
(5) The original draft of the text of proposed initiated constitutional amendments and initiated laws shall be submitted to the legislative research and drafting offices of the general assembly for review and comment. No later than two weeks after submission of the original draft, unless withdrawn by the proponents, the legislative research and drafting offices of the general assembly shall render their comments to the proponents of the proposed measure at a meeting open to the public, which shall be held only after full and timely notice to the public. Such meeting shall be held prior to the fixing of a ballot title. Neither the general assembly nor its committees or agencies shall have any power to require the amendment, modification, or other alteration of the text of any such proposed measure or to establish deadlines for the submission of the original draft of the text of any proposed measure.
(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) (a) 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 prepare and make available to the public the following information in the form of a ballot information booklet:
(I) The text and title of each measure to be voted on;
(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.
(b) At least thirty days before the election, the research staff shall cause the ballot information booklet to be distributed to active registered voters statewide.
(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.
(8) The style of all laws adopted by the people through the initiative shall be, "Be it Enacted by the People of the State of Colorado".
(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 selfexecuting; except that the form of the initiative or referendum petition
may be prescribed pursuant to law.
[As amended November 8, 1910. (See Laws 1910 (Ex. Sess.), p. 11.); as amended November 4, 1980 Effective upon proclamation of the Governor, December 19, 1980. (See L. 79, p. 1672.); as amended November 8, 1994 Effective upon proclamation of the Governor, January 19, 1995. (See L. 93, p. 2152, and L. 94, p. 2152.)]
Section 2. Election of members oath vacancies. (1) A general election for members of the general assembly shall be held on the first Tuesday after the first Monday in November in each evennumbered year, at such places in each county as now are or hereafter may be provided by law.
(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.
[As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 447.)]
Section 3. Terms of senators and representatives. (1) Senators shall be elected for the term of four years and representatives for the term of two years.
(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 onehalf 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.
As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 448.); as amended by the People November 6, 1990 Effective upon proclamation of the Governor, January 3, 1991. (For the text of the initiated measure and the votes cast thereon, see L. 91, p. 2035.)
Section 4. Qualifications of members. No person shall be a representative or senator who shall not have attained the age of twentyfive years, who shall not be a citizen of the United States, who shall not for at least twelve months next preceding his election, have resided within the territory included in the limits of the county or district in which he shall be chosen; provided, that any person who at the time of the adoption of this constitution, was a qualified elector under the territorial laws, shall be eligible to the first general assembly.
Section 5. Classification of senators. The senate shall be divided so that onehalf of the senators, as nearly as practicable, may be chosen biennially.
[Repealed and reenacted, with amendments, November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 448.)]
Section 6. Salary and expenses of members. Each member of the general assembly shall receive such salary and expenses as are prescribed by law. No general assembly shall fix its own salary. Members of the general assembly shall receive the same mileage rate permitted for travel as other state employees.
[Repealed and reenacted, with amendments, November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 448.)]
Section 7. General assembly shall meet when term of members committees. The general assembly shall meet in regular session at 10 a.m. no later than the second Wednesday of January of each year. The general assembly shall meet at other times when convened in special session by the governor pursuant to section 9 of article IV of this constitution or by written request by twothirds of the members of each house to the presiding officer of each house to consider only those subjects specified in such request. The term of service of the members of the general assembly shall begin on the convening of the first regular session of the general assembly next after their election. The committees of the general assembly, unless otherwise provided by the general assembly, shall expire on the convening of the first regular session after a general election. Regular sessions of the general assembly shall not exceed one hundred twenty calendar days.
[As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 448.); as amended November 2, 1982 Effective upon proclamation of the Governor, December 30, 1982. (See L. 82, p. 683.); as amended November 8, 1988 Effective upon proclamation of the Governor, January 3, 1989. (For the text of this amendment and the votes cast thereon, see L. 88, p. 1451, and L. 89, p. 1654.)]
Section 8. Members precluded from holding office. No senator or representative shall, while serving as such, be appointed to any civil office under this state; and no member of congress, or other person holding any office (except of attorneyatlaw, notary public, or in the militia) under the United States or this state, shall be a member of either house during his continuance in office.
[As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 449.)]
Section 9. Increase of salary when forbidden.
[Repealed November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 449.)]
Section 10. Each house to choose its officers. At the beginning of the first regular session after a general election, and at such other times as may be necessary, the senate shall elect one of its members president, and the house of representatives shall elect one of its members as speaker. The president and speaker shall serve as such until the election and installation of their respective successors. Each house shall choose its other officers and shall judge the election and qualification of its members.
[As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 449.)]
Section 11. Quorum. A majority of each house shall constitute a quorum, but a smaller number may adjourn from day to day, and compel the attendance of absent members.
Section 12. Each house makes and enforces rules. Each house shall have power to determine the rules of its proceedings and adopt rules providing punishment of its members or other persons for contempt or disorderly behavior in its presence; to enforce obedience to its process; to protect its members against violence, or offers of bribes or private solicitation, and, with the concurrence of twothirds, to expel a member, but not a second time for the same cause, and shall have all other powers necessary for the legislature of a free state. A member expelled for corruption shall not thereafter be eligible to either house of the same general assembly, and punishment for contempt or disorderly behavior shall not bar a prosecution for the same offense.
[As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 449.)]
Section 13. Journal ayes and noes to be entered when. Each house shall keep a journal of its proceedings and publish the same, except such parts as require secrecy, and the ayes and noes on any question shall, at the desire of any two members, be entered on the journal.
[As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 449.)]
Section 14. Open sessions. The sessions of each house, and of the committees of the whole, shall be open, unless when the business is such as ought to be kept secret.
Section 15. Adjournment for more than three days. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
Section 16. Privileges of members. The members of the general assembly shall, in all cases except treason or felony, be privileged from arrest during their attendance at the sessions of their respective houses, or any committees thereof, and in going to and returning from the same; and for any speech or debate in either house, or any committees thereof, they shall not be questioned in any other place.
As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 449.)
Section 17. No law passed but by bill amendments. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose.
Section 18. Enacting clause. The style of the laws of this state shall be: "Be it enacted by the General Assembly of the State of Colorado".
Section 19. When laws take effect introduction of bills. An act of the general assembly shall take effect on the date stated in the act, or, if no date is stated in the act, then on its passage. A bill may be introduced at any time during the session unless limited by action of the general assembly. No bill shall be introduced by title only.
As amended November 7, 1950. (See Laws 1951, p. 554.)
Section 20. Bills referred to committee printed. No bill shall be considered or become a law unless referred to a committee, returned therefrom, and printed for the use of the members. Every measure referred to a committee of reference of either house shall be considered by the committee upon its merits, and no rule of either house shall deny the opportunity for consideration and vote by a committee of reference upon such a measure within appropriate deadlines. A motion that the committee report the measure favorably to the committee of the whole, with or without amendments, shall always be in order within appropriate deadlines. Each measure reported to the committee of the whole shall appear on the appropriate house calendar in the order in which it was reported out of the committee of reference and within appropriate deadlines.
As amended November 8, 1988 Effective upon proclamation of the Governor, January 3, 1989. (For the text of the initiated measure and the votes cast thereon, see L. 89, p. 1664.)
Section 21. Bill to contain but one subject expressed in title. No bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed.
Section 22. Reading and passage of bills. Every bill shall be read by title when introduced, and at length on two different days in each house; provided, however, any reading at length may be dispensed with upon unanimous consent of the members present. All substantial amendments made thereto shall be printed for the use of the members before the final vote is taken on the bill, and no bill shall become a law except by a vote of the majority of all members elected to each house taken on two separate days in each house, nor unless upon its final passage the vote be taken by ayes and noes and the names of those voting be entered on the journal.
As amended November 7, 1950. (See Laws 1951, p. 554.)
Section 22a. Caucus positions prohibited penalties. (1) No member or members of the general assembly shall require or commit themselves or any other member or members, through a vote in a party caucus or any other similar procedure, to vote in favor of or against any bill, appointment, veto, or other measure or issue pending or proposed to be introduced in the general assembly.
(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.
Adopted by the People November 8, 1988 Effective upon proclamation of the Governor, January 3, 1989. (For the text of the initiated measure and the votes cast thereon, see L. 89, p. 1664.)
Section 22b. Effect of sections 20 and 22a. Any action taken in violation of section 20 or 22a of this constitution shall be null and void.
Adopted by the People November 8, 1988 Effective upon proclamation of the Governor, January 3, 1989. (For the text of the initiated measure and the votes cast thereon, see L. 89, p. 1665.)
Section 23. Vote on amendments and report of committee. No amendment to any bill by one house shall be concurred in by the other nor shall the report of any committee of conference be adopted in either house except by a vote of a majority of the members elected thereto, taken by ayes and noes, and the names of those voting recorded upon the journal thereof.
Section 24. Revival, amendment or extension of laws. No law shall be revived, or amended, or the provisions thereof extended or conferred by reference to its title only, but so much thereof as is revived, amended, extended or conferred, shall be reenacted and published at length.
Section 25. Special legislation prohibited. The general assembly shall not pass local or special laws in any of the following enumerated cases, that is to say; for granting divorces; laying out, opening, altering or working roads or highways; vacating roads, town plats, streets, alleys and public grounds; locating or changing county seats; regulating county or township affairs; regulating the practice in courts of justice; regulating the jurisdiction and duties of justices of the peace, police magistrates and constables; changing the rules of evidence in any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limitation of civil actions or giving effect to informal or invalid deeds; summoning or impaneling grand or petit juries; providing for the management of common schools; regulating the rate of interest on money; the opening or conducting of any election, or designating the place of voting; the sale or mortgage of real estate belonging to minors or others under disability; the protection of game or fish; chartering or licensing ferries or toll bridges; remitting fines, penalties or forfeitures; creating, increasing or decreasing fees, percentage or allowances of public officers; changing the law of descent; granting to any corporation, association or individual the right to lay down railroad tracks; granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever. In all other cases, where a general law can be made applicable no special law shall be enacted.
Section 25a. Eighthour employment. (1) The general assembly shall provide by law, and shall prescribe suitable penalties for the violation thereof, for a period of employment not to exceed eight (8) hours within any twentyfour (24) hours (except in cases of emergency where life or property is in imminent danger) for persons employed in underground mines or other underground workings, blast furnaces, smelters; and any ore reduction works or other branch of industry or labor that the general assembly may consider injurious or dangerous to health, life or limb.
(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.
Adopted November 4, 1902. (See Laws 1901, p. 108.); as amended November 8, 1988 Effective upon proclamation of the Governor, January 3, 1989. (For the text of this amendment and the votes cast thereon, see L. 88, p. 1453, and L. 89, p. 1656.)
Section 26. Signing of bills. The presiding officer of each house shall sign all bills and joint resolutions passed by the general assembly, and the fact of signing shall be entered on or appended to the journal thereof.
As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 450.)
Section 27. Officers and employees compensation. The general assembly shall prescribe by law or by joint resolution the number, duties, and compensation of the appointed officers and employees of each house and of the two houses, and no payment shall be made from the state treasury, or be in any way authorized to any person except to an officer or employee appointed and acting pursuant to law or joint resolution.
As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 450.)
Section 28. Extra compensation to officers, employees, or contractors forbidden. No bill shall be passed giving any extra compensation to any public officer or employee, agent, or contractor after services have been rendered or contract made nor providing for the payment of any claim made against the state without previous authority of law.
As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 450.)
Section 29. Contracts for facilities and supplies. All stationery, printing, paper, and fuel used in the legislative and other departments of government shall be furnished; and the printing and binding and distributing of the laws, journals, department reports, and other printing and binding; and the repairing and furnishing the halls and rooms used for the meeting of the general assembly and its committees, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum price and under such regulations as may be prescribed by law. No member or officer of any department of the government shall be in any way interested in any such contract; and all such contracts shall be subject to the approval of the governor or his designee.
As amended November 5, 1974 Effective July 1, 1975. (See Laws 1974, p. 450.)
Section 30. Salary of governor and judges to be fixed by the legislature term not to be extended or salaries increased or decreased.
Repealed November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 450.)
Section 31. Revenue bills. All bills for raising revenue shall originate in the house of representatives; but the senate may propose amendments, as in the case of other bills.
Section 32. Appropriation bills. The general appropriation bill shall embrace nothing but appropriations for the expense of the executive, legislative and judicial departments of the state, state institutions, interest on the public debt and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject.
As amended November 7, 1950. (See Laws 1951, p. 555.)
Section 33. Disbursement of public money. No moneys in the state treasury shall be disbursed therefrom by the treasurer except upon appropriations made by law, or otherwise authorized by law, and any amount disbursed shall be substantiated by vouchers signed and approved in the manner prescribed by law.
Repealed and reenacted, with amendments, November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 450.)
Section 34. Appropriations to private institutions forbidden. No appropriation shall be made for charitable, industrial, educational or benevolent purposes to any person, corporation or community not under the absolute control of the state, nor to any denominational or sectarian institution or association.
Section 35. Delegation of power. The general assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, or to levy taxes or perform any municipal function whatever.
Section 36. Laws on investment of trust funds. The general assembly shall, from time to time, enact laws prescribing types or classes of investments for the investment of funds held by executors, administrators, guardians, conservators and other trustees, whose power of investment is not set out in the instrument creating the trust.
As amended November 7, 1950. (See Laws 1951, p. 555.)
Section 37. Change of venue.
Repealed November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 451.)
Section 38. No liability exchanged or released. No obligation or liability of any person, association, or corporation, held or owned by the state, or any municipal corporation therein, shall ever be exchanged, transferred, remitted, released, or postponed or in any way diminished by the general assembly, nor shall such liability or obligation be extinguished except by payment thereof into the proper treasury. This section shall not prohibit the writeoff or release of uncollectible accounts as provided by general law.
As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 451.)
Section 39. Orders and resolutions presented to governor. Every order, resolution or vote to which the concurrence of both houses may be necessary, except on the question of adjournment, or relating solely to the transaction of business of the two houses, shall be presented to the governor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by twothirds of both houses, according to the rules and limitations prescribed in case of a bill.
Section 40. Bribery and influence in general assembly. If any person elected to either house of the general assembly shall offer or promise to give his vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the general assembly in consideration or upon condition that any other person elected to the same general assembly will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such general assembly, the person making such offer or promise, shall be deemed guilty of solicitation of bribery. If any member of the general assembly shall give his vote or influence for or against any measure or proposition pending in such general assembly, or offer, promise or assent so to do, upon condition that any other member will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such general assembly, or in consideration that any other member hath given his vote or influence for or against any other measure or proposition in such general assembly, he shall be deemed guilty of bribery; and any member of the general assembly, or person elected thereto, who shall be guilty of either of such offenses shall be expelled, and shall not be thereafter eligible to the same general assembly; and, on conviction thereof in the civil courts, shall be liable to such further penalty as may be prescribed by law.
Section 41. Offering, giving, promising money or other consideration.
Repealed November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 451.)
Section 42. Corrupt solicitation of members and officers.
Repealed November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 451.)
Section 43. Member interested shall not vote. A member who has a personal or private interest in any measure or bill proposed or pending before the general assembly, shall disclose the fact to the house of which he is a member, and shall not vote thereon.
As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 451.)
CONGRESSIONAL AND LEGISLATIVE APPORTIONMENTS
Section 45. Representatives in congress. The general assembly shall devide the state into as many congressional districts as there are representatives in congress apportioned to the state by the congress of United States for the election of one representative to congress for each district. When a new apportionment shall be made by congress, the general assembly shall divide the state into congressional districts accordingly.
Amended 1974, S.C.R. 1, sect. 1, effective Jan. 1, 1975
Section 45. General assembly. The general assembly shall consist of not more than thirtyfive members of the senate and of not more than sixtyfive members of the house of representatives, one to be elected from each senatorial and each representative district, respectively.
As amended November 8, 1966. (See Laws 1967, chapter 456.)
Section 46. Senatorial and representative districts. The state shall be divided into as many senatorial and representative districts as there are members of the senate and house of representatives respectively, each district in each house having a population as nearly equal as may be, as required by the constitution of the United States, but in no event shall there be more than five percent deviation between the most populous and the least populous district in each house.
As amended by the People, November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974.
Section 47. Composition of districts. (1) Each district shall be as compact in area as possible and the aggregate linear distance of all district boundaries shall be as short as possible. Each district shall consist of contiguous whole general election precincts. Districts of the same house shall not overlap.
(2) Except when necessary to meet the equal population requirements of section 46, no part of one county shall be added to all or part of another county in forming districts. Within counties whose territory is contained in more than one district of the same house, the number of cities and towns whose territory is contained in more than one district of the same house shall be as small as possible. When county, city, or town boundaries are changed, adjustments, if any, in legislative districts shall be as prescribed by law.
(3) Consistent with the provisions of this section and section 46 of this article, communities of interest, including ethnic, cultural, economic, trade area, geographic, and demographic factors, shall be preserved within a single district wherever possible.
As amended by the People, November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974.
Section 48. Revision and alteration of districts reapportionment commission. (1) (a) After each federal census of the United States, the senatorial districts and representative districts shall be established, revised, or altered, and the members of the senate and the house of representatives apportioned among them, by a Colorado reapportionment commission consisting of eleven members, to be appointed and having the qualifications as prescribed in this section. Of such members, four shall be appointed by the legislative department, three by the executive department, and four by the judicial department of the state.
(b) The four legislative members shall be the speaker of the house of representatives, the minority leader of the house of representatives, and the majority and minority leaders of the senate, or the designee of any such officer to serve in his stead, which acceptance of service or designation shall be made no later than July 1 of the year following that in which the federal census is taken. The three executive members shall be appointed by the governor between July 1 and July 10 of such year, and the four judicial members shall be appointed by the chief justice of the Colorado supreme court between July 10 and July 20 of such year.
(c) Commission members shall be qualified electors of the state of Colorado. No more than four commission members shall be members of the general assembly. No more than six commission members shall be affiliated with the same political party. No more than four commission members shall be residents of the same congressional district, and each congressional district shall have at least one resident as a commission member. At least one commission member shall reside west of the continental divide.
(d) Any vacancy created by the death or resignation of a member, or otherwise, shall be filled by the respective appointing authority. Members of the commission shall hold office until their reapportionment and redistricting plan is implemented. No later than August 1 of the year of their appointment, the governor shall convene the commission and appoint a temporary chairman who shall preside until the commission elects its own officers.
(e) Within ninety days after the commission has been convened or the necessary census data are available, whichever is later, the commission shall publish a preliminary plan for reapportionment of the members of the general assembly and shall hold public hearings thereon in several places throughout the state within fortyfive days after the date of such publication. Within fortyfive days after the completion of such hearings, the commission shall finalize its plan and submit the same to the Colorado supreme court for review and determination as to compliance with sections 46 and 47 of this article. Such review and determination shall take precedence over other matters before the court. The supreme court shall adopt rules for such proceedings and for the production and presentation of supportive evidence for such plan. The supreme court shall either approve the plan or return the plan and the court's reasons for disapproval to the commission. If the plan is returned, the commission shall revise and modify it to conform to the court's requirements and resubmit the plan to the court within twenty days. If the plan is approved by the court, it shall be filed with the secretary of state for implementation no later than March 15 of the second year following the year in which the census was taken. The commission shall keep a public record of all the proceedings of the commission and shall be responsible for the publication and distribution of copies of each plan.
(f) The general assembly shall appropriate sufficient funds for the compensation and payment of the expenses of the commission members and any staff employed by it. The commission shall have access to statistical information compiled by the state or its political subdivisions and necessary for its reapportionment duties.
As amended by the People, November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974.
Section 49. Appointment of state auditor term qualifications duties. (1) The general assembly, by a majority vote of the members elected to and serving in each house, shall appoint, without regard to political affiliation, a state auditor, who shall be a certified public accountant licensed to practice in this state, to serve for a term of five years and until his successor is appointed and qualified. Except as provided by law, he shall be ineligible for appointment to any other public office in this state from which compensation is derived while serving as state auditor. He may be removed for cause at any time by a twothirds vote of the members elected to and serving in each house.
(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.
As amended November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 452.)
Section 50. Public funding of abortion forbidden.
No public funds shall be used by the State of Colorado, its agencies or political subdivisions to pay or otherwise reimburse, either directly or indirectly, any person, agency or facility for the performance of any induced abortion, PROVIDED HOWEVER, that the General Assembly, by specific bill, may authorize and appropriate funds to be used for those medical services necessary to prevent the death of either a pregnant woman or her unborn child under circumstances where every reasonable effort is made to preserve the life of each.
Adopted by the People November 6, 1984 Effective upon proclamation of the Governor, January 14, 1985. (For the text of the initiated measure and the votes cast thereon, see L. 85, p. 1792.)
