House Bill 25-1327 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning modifications to processes for statewide ballot

• Page 1, Line 102measures.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Under current law, proponents seeking to place an initiated measure on the ballot are required to submit certain documents with the secretary of state in order for the title board to consider the measure at a title setting hearing. Section 1 of the bill requires that when proponents submit 5 or more drafts within the same initiative cycle, with at least one of the same designated representatives of proponents, and on the same subject matter, the proponents also submit a chart describing or otherwise visually demonstrating the differences between the drafts.

Section 2 requires the director of research of the legislative council of the general assembly (director), when preparing an estimate of an initiated proposed tax increase's fiscal impact if enacted, to include an estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first and, if phased in, final full fiscal year of the proposed tax increase.

Section 3 requires that the title board, when setting a title for a ballot measure:

• Indicate in the title whether the proposed law modifies, extends, or repeals existing law or creates new law; and
• For measures that propose a tax increase, use the estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending for the first or, if phased in, final full fiscal year of the proposed tax increase.

Section 3 also requires the title board to hold its last meeting no later than the first Wednesday in April rather than the third Wednesday in April, thereby requiring proponents of an initiative to submit drafts to the title board 2 weeks earlier than is required under current law. In connection with the changes to when the title board holds its last meeting, section 4 requires the title board to hear motions for rehearing on measures considered at its last meeting that will be voted on that year at a meeting held on the third Wednesday in April, rather than within 48 hours after the last title board meeting. Additionally, section 4 requires motions for rehearing to be filed with the title board by 5 p.m. on the seventh day following the title board's decision that is the subject of the motion.

Section 5 requires that, with regard to the petition circulation process for statewide ballot measures, a designated representative for the proponents notify the secretary of state when an initiative or referendum petition that is being circulated has received 25%, 50%, and 75% of the required number of signatures and when any petition is no longer being actively circulated. Section 5 allows the secretary of state to impose a fine on any designated representative who does not comply with these reporting requirements; except that the fine cannot exceed $1,500. Section 5 also requires the secretary of state to post on the secretary of state's website a list of any initiative or referendum petitions that have received 25%, 50%, and 75% of the required number of signatures for the petition and a list of any petitions that are no longer being actively circulated.

Section 6 requires the director to prepare for the ballot information booklet for a proposed tax increase estimates of both the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first full fiscal year of the proposed tax increase and state and local government fiscal year spending, as defined in the state constitution, without the proposed tax increase.

Section 7 requires the fiscal note for any legislative measure that includes a proposed tax increase to include the maximum dollar amount of the change in state and local government revenue for the first and, if phased in, final full fiscal year of the proposed tax increase and also requires relevant ballot questions for any legislative measure that includes a proposed tax increase to include the estimate of the maximum dollar amount of the change in state and local government revenue for the first or, if phased in, final full fiscal year of the proposed tax increase.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, 1-40-105, amend (4) as follows:

• Page 3, Line 31-40-105.  Filing procedure - review and comment meeting -

• Page 3, Line 4amendments - filing with secretary of state - definition.

• Page 3, Line 5(4) (a) (I)  After the review and comment meeting provided in subsections

• Page 3, Line 6(1) and (2) of this section, if the proponents choose to submit the

• Page 3, Line 7initiative petition draft to the secretary of state for title setting, the proponents must submit to the secretary of state:

• Page 3, Line 8(A)  A copy of the original typewritten draft submitted to the

• Page 3, Line 9directors of the legislative council and the office of legislative legal services;

• Page 3, Line 10(B)  A copy of the amended draft with changes highlighted or

• Page 3, Line 11otherwise indicated, if any amendments were made following the last

• Page 3, Line 12review and comment meeting conducted pursuant to subsections (1) and (2) of this section; and

• Page 3, Line 13(C)  An original final draft that gives the final language for

• Page 3, Line 14printing. shall be submitted

• Page 4, Line 1(II)  The proponents shall not submit to the secretary of state

• Page 4, Line 2without any title, submission clause, or ballot title providing the

• Page 4, Line 3designation by which the voters shall are to express their choice for or against the proposed law or constitutional amendment.

• Page 4, Line 4(b) (I)  In addition to the requirements set forth in

• Page 4, Line 5subsection (4)(a) of this section, if, within the same initiative

• Page 4, Line 6cycle, the proponents submit to the secretary of state five or

• Page 4, Line 7more drafts concerning the same subject matter and with one

• Page 4, Line 8designated representative who is the same for all drafts, the

• Page 4, Line 9proponents must also submit, at the same time the proponents

• Page 4, Line 10submit the materials required by subsection (4)(a) of this section,

• Page 4, Line 11a chart that describes or otherwise visually demonstrates the differences between each of the drafts.

• Page 4, Line 12(II)  As used in this subsection (4)(b), "initiative cycle"

• Page 4, Line 13means the period beginning with the date that is the twelfth day

• Page 4, Line 14before the first Wednesday in December following a general

• Page 4, Line 15election and ending with the date that is the third Wednesday in April in the year in which the measure is to be voted on.

• Page 4, Line 16SECTION 2.  In Colorado Revised Statutes, 1-40-105.5, amend (1.5)(a)(I) as follows:

• Page 4, Line 171-40-105.5.  Initial fiscal impact statement - fiscal summary -

• Page 4, Line 18definition. (1.5) (a)  For every initiated measure properly submitted to the

• Page 4, Line 19title board, the director shall prepare a fiscal summary that consists of the following information:

• Page 4, Line 20(I) (A)  A description of the measure's fiscal impact, including a

• Page 4, Line 21preliminary estimate of any change in state and local government

• Page 4, Line 22revenues, expenditures, taxes, or fiscal liabilities if implemented; and

• Page 5, Line 1(B)  For a measure that proposes a tax increase,the

• Page 5, Line 2director shall include in the description of the measure's fiscal

• Page 5, Line 3impact a preliminary estimate of the maximum dollar amount of

• Page 5, Line 4the change in state and local government revenue and fiscal

• Page 5, Line 5year spending, as defined in section 20 (2)(e) of article X of the

• Page 5, Line 6state constitution, for the first and, if phased in, final full fiscal year of the proposed tax increase;

• Page 5, Line 7SECTION 3.  In Colorado Revised Statutes, 1-40-106, amend (1), (3)(c), and (3)(g) as follows:

• Page 5, Line 81-40-106.  Title board - meetings - ballot title - initiative and

• Page 5, Line 9referendum - definitions - rules. (1)  For ballot issues, beginning with

• Page 5, Line 10the first submission of a draft after an election, the secretary of state shall

• Page 5, Line 11convene a title board consisting of the secretary of state, the attorney

• Page 5, Line 12general, and the director of the office of legislative legal services or their

• Page 5, Line 13designees. The title board, by majority vote, shall proceed to designate

• Page 5, Line 14and fix a proper fair title for each proposed law or constitutional

• Page 5, Line 15amendment, together with a submission clause, at public meetings to be

• Page 5, Line 16held at the hour determined by the title board on the first and third

• Page 5, Line 17Wednesdays of each month in which a draft or a motion for

• Page 5, Line 18reconsideration has been submitted to the secretary of state. To be

• Page 5, Line 19considered at such meeting, a draft shall be submitted the proponents

• Page 5, Line 20must submit the draft to the secretary of state no later than 3 p.m. on

• Page 5, Line 21the twelfth day before the meeting at which the title board will

• Page 5, Line 22consider the draft, is to be considered by the title board, and the

• Page 5, Line 23designated representatives of the proponents must comply with the

• Page 5, Line 24requirements of subsection (4) of this section. The title board must

• Page 5, Line 25hold its first meeting of the title board shall be held no sooner than the

• Page 6, Line 1first Wednesday in December after an election, and the title board

• Page 6, Line 2must hold its last meeting shall be held no later than the third first Wednesday in April in the year in which the measure is to be voted on.

• Page 6, Line 3(3) (c) (I)  In order to avoid confusion between a proposition and

• Page 6, Line 4an amendment, as such terms are used in section 1-5-407 (5)(b), the title

• Page 6, Line 5board shall describe a proposition in a ballot title as a "change to the

• Page 6, Line 6Colorado Revised Statutes" and an amendment as an "amendment to the Colorado constitution".

• Page 6, Line 7(II)  The title board shall indicate in the ballot title

• Page 6, Line 8whether the change to the Colorado Revised Statutes or

• Page 6, Line 9amendment to the Colorado constitution modifies, extends, or repeals existing law or creates new law.

• Page 6, Line 10(g) (I)  For measures that increase tax revenue for any district

• Page 6, Line 11through a tax change and specify the public services to be funded by the

• Page 6, Line 12increased revenue, after the language required by section 20 (3)(c) of

• Page 6, Line 13article X of the state constitution, the ballot title shall state "in order to

• Page 6, Line 14increase or improve levels of public services, including but not limited to

• Page 6, Line 15(the public service specified in the measure)...". For measures that

• Page 6, Line 16increase tax revenue for any district through a tax change and do not

• Page 6, Line 17specify the public services to be funded by the increased revenue, after

• Page 6, Line 18the language required by section 20 (3)(c) of article X of the state

• Page 6, Line 19constitution, the ballot title shall state "in order to increase or improve levels of public services...".

• Page 6, Line 20(II)  For measures that propose a tax increase, for purposes

• Page 6, Line 21of complying with section 20 (3)(c) of article X of the state

• Page 6, Line 22constitution, the title board shall rely on the preliminary

• Page 6, Line 23estimate of the maximum dollar amount of the change in state

• Page 7, Line 1and local government revenue for the first or, if phased in, final

• Page 7, Line 2full fiscal year of the proposed tax increase determined pursuant to section 1-40-105.5 (1.5)(a)(I)(B).

• Page 7, Line 3(III)  The estimates reflected in the ballot title shall not be interpreted as restrictions of a district's budgeting process.

• Page 7, Line 4SECTION 4.  In Colorado Revised Statutes, 1-40-107, amend (1)(a)(I) and (1)(c) as follows:

• Page 7, Line 51-40-107.  Rehearing - appeal - fees - signing. (1) (a) (I)  Any

• Page 7, Line 6person presenting an initiative petition or any registered elector who is not

• Page 7, Line 7satisfied with a decision of the title board with respect to whether a

• Page 7, Line 8petition contains more than a single subject pursuant to section

• Page 7, Line 91-40-106.5, or who is not satisfied with the titles title and submission

• Page 7, Line 10clause provided by the title board and who claims that they are unfair or

• Page 7, Line 11that they do not fairly express the true meaning and intent of the proposed

• Page 7, Line 12state law or constitutional amendment may file a motion for a rehearing

• Page 7, Line 13with the secretary of state within seven days no later than 5 p.m. on

• Page 7, Line 14the seventh day after the decision is made or the titles title and submission clause are set.

• Page 7, Line 15(c) (I) (A)  The Except as provided in subsections (1)(c)(I)(B)

• Page 7, Line 16and (1)(c)(I)(C) of this section, the title board shall hear a motion

• Page 7, Line 17for rehearing shall be heard at the next regularly scheduled meeting of the title board.

• Page 7, Line 18(B)  except that, If the title board is unable to complete action on

• Page 7, Line 19all matters motions for rehearing scheduled for that day at the title

• Page 7, Line 20board's next regularly schedule meeting, the title board may

• Page 7, Line 21continue consideration of any motion for rehearing may be continued to

• Page 7, Line 22the next available day. and except that,

• Page 8, Line 1(C)  If the titles title board decision was made at or the title

• Page 8, Line 2and submission clause protested were set at the last meeting on the first

• Page 8, Line 3Wednesday in April in the year in which the measure will be

• Page 8, Line 4voted on, the title board shall hear the motion shall be heard

• Page 8, Line 5within forty-eight hours after the expiration of the seven-day period for the filing of such motions on the third Wednesday in April.

• Page 8, Line 6(II)  The decision of the title board on any motion for rehearing

• Page 8, Line 7shall be final, except as provided in subsection (2) of this section, and no further motion for rehearing may be filed or considered by the title board.

• Page 8, Line 8SECTION 5.  In Colorado Revised Statutes, 1-40-111, amend (1) as follows:

• Page 8, Line 91-40-111.  Notice of circulation - signatures - affidavits -

• Page 8, Line 10notarization - list of circulators and notaries. (1) (a) (I)  A designated

• Page 8, Line 11representative of the proponents shall notify the secretary of

• Page 8, Line 12state, in the form and manner prescribed by the secretary of

• Page 8, Line 13state, when an initiative or referendum petition that is being

• Page 8, Line 14circulated has received twenty-five percent, fifty percent, and

• Page 8, Line 15seventy-five percent of the required number of signatures for

• Page 8, Line 16the petition. If, at any point before the election, any initiative or

• Page 8, Line 17referendum petition that has been circulated by one or more

• Page 8, Line 18circulators for the purpose of obtaining signatures from

• Page 8, Line 19registered electors eligible to vote on the measure is no longer

• Page 8, Line 20being actively circulated, a designated representative of the

• Page 8, Line 21proponents shall notify the secretary of state, within five days

• Page 8, Line 22after the circulation activity stops, that the petition is not

• Page 8, Line 23being actively circulated. If a designated representative does

• Page 8, Line 24not comply with the requirements of this subsection (1)(a)(I); the

• Page 9, Line 1secretary of state may impose a fine on the designated

• Page 9, Line 2representative; except that the fine shall not exceed the amount set forth in section 1-40-130 (2).

• Page 9, Line 3(II)  The secretary of state shall maintain and post on the

• Page 9, Line 4secretary of state's website, and update as additional signature

• Page 9, Line 5information is reported, a list of any initiative or referendum

• Page 9, Line 6petitions that have received twenty-five percent, fifty percent,

• Page 9, Line 7and seventy-five percent of the required number of signatures

• Page 9, Line 8for the petition, as reported in accordance with subsection

• Page 9, Line 9(1)(a)(I) of this section and shall maintain and post a list of any

• Page 9, Line 10initiative or referendum petition that is no longer being actively circulated.

• Page 9, Line 11(b)  Any initiative or referendum petition shall be signed only by

• Page 9, Line 12registered electors who are eligible to vote on the measure. Each

• Page 9, Line 13registered elector shall sign his or her their own signature and shall print

• Page 9, Line 14his or her their name, the address at which he or she resides they

• Page 9, Line 15reside, including the street number and name, the city and town, the

• Page 9, Line 16county, and the date of signing. The circulator of a petition shall

• Page 9, Line 17encourage each registered elector signing a petition shall be encouraged

• Page 9, Line 18by the circulator of the petition to sign the petition in ink. In the event a

• Page 9, Line 19registered elector is physically disabled a person with a physical

• Page 9, Line 20disability or is illiterate a person who is unable to read or write

• Page 9, Line 21and the registered elector wishes to sign the petition, the elector shall

• Page 9, Line 22sign or make his or her their mark in the space so provided. Any person,

• Page 9, Line 23but not other than a circulator, may assist the disabled or illiterate

• Page 9, Line 24elector who has a physical disability or who is unable to read or

• Page 9, Line 25write in completing the remaining information required by this

• Page 10, Line 1subsection (1). The person providing assistance shall sign his or her their

• Page 10, Line 2name and address and shall state that such assistance was given to the

• Page 10, Line 3disabled or illiterate elector who has a physical disability or who is unable to read or write.

• Page 10, Line 4SECTION 6.  In Colorado Revised Statutes, 1-40-124.5, amend(1.5); and add (1)(e) as follows:

• Page 10, Line 51-40-124.5.  Ballot information booklet. (1) (e)  When

• Page 10, Line 6preparing the fiscal impact statement required by this

• Page 10, Line 7subsection (1) for a measure that includes a proposed tax

• Page 10, Line 8increase, the director of research of the legislative council of

• Page 10, Line 9the general assembly shall, pursuant to section 20 (3)(b)(III) of

• Page 10, Line 10article X of the state constitution, include an estimate of the maximum dollar amount of both:

• Page 10, Line 11(I)  The change in state and local government revenue and

• Page 10, Line 12fiscal year spending, as defined in section 20 (2)(e) of article X of

• Page 10, Line 13the state constitution, for the first full fiscal year of the proposed tax increase; and

• Page 10, Line 14(II)  State and local government fiscal year spending, as

• Page 10, Line 15defined in section 20 (2)(e) of article X of the state constitution, without the proposed tax increase.

• Page 10, Line 16(1.5)  The executive committee of the legislative council of the

• Page 10, Line 17general assembly shall be is responsible for providing the fiscal

• Page 10, Line 18information on any ballot issue that must be included in the ballot

• Page 10, Line 19information booklet pursuant to section 1 (7.5)(c) of article V of the state

• Page 10, Line 20constitution and shall consider the fiscal impact statement required by subsection (1) of this section in doing so.

• Page 10, Line 21SECTION 7.  In Colorado Revised Statutes, 2-2-322, add (6) as follows:

• Page 11, Line 12-2-322.  Fiscal notes - repeal. (6) (a)  The fiscal note for any

• Page 11, Line 2legislative measure that includes a proposed tax increase shall

• Page 11, Line 3include, in addition to the other information required pursuant

• Page 11, Line 4to this section, an estimate of the maximum dollar amount of the

• Page 11, Line 5change in state and local government revenue for the first and, if phased in, final full fiscal year of the proposed tax increase.

• Page 11, Line 6(b)  The ballot question submitted to the registered

• Page 11, Line 7electors of the state in connection with a proposed tax increase

• Page 11, Line 8in a legislative measure shall include the maximum dollar

• Page 11, Line 9amount of the change in state and local government revenue

• Page 11, Line 10for the first or, if phased in, final full fiscal year of the

• Page 11, Line 11proposed tax increase as determined pursuant to subsection(6)(a) of this section.

• Page 11, Line 12SECTION 8.  Applicability. (1)  Sections 1, 2, 3, 4, and 6 of this

• Page 11, Line 13act apply to drafts that are submitted on or after the effective date of this act.

• Page 11, Line 14(2)  Section 5 of this act applies to initiative or referendum

• Page 11, Line 15petitions for which circulation begins on or after the effective date of this act.

• Page 11, Line 16(3)  Section 7 of this act applies to any legislative measures that are placed on a ballot on or after the effective date of this act.

• Page 11, Line 17SECTION 9.  Safety clause. The general assembly finds,

• Page 11, Line 18determines, and declares that this act is necessary for the immediate

• Page 11, Line 19preservation of the public peace, health, or safety or for appropriations for

• Page 11, Line 20the support and maintenance of the departments of the state and state

• Page 11, Line 21institutions.