Cross references: For statutory provisions providing for specific ownership tax, see §§ 42-3-105 to 42-3-111.
Section 7. Municipal taxation by general assembly prohibited. The general assembly shall not impose taxes for the purposes of any county, city, town or other municipal corporation, but may by law, vest in the corporate authorities thereof respectively, the power to assess and collect taxes for all purposes of such corporation.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 58.
Cross references: For income tax, see § 17 of article X.
Section 8. No county, city, town to be released. No county, city, town or other municipal corporation, the inhabitants thereof, nor the property therein, shall be released or discharged from their or its proportionate share of taxes to be levied for state purposes.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 58.
Section 9. Relinquishment of power to tax corporations forbidden.
The power to tax corporations and corporate property, real and personal, shall never be relinquished or suspended.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 58.
Section 10. Corporations subject to tax. All corporations in this state, or doing business therein, shall be subject to taxation for state, county, school, municipal and other purposes, on the real and personal property owned or used by them within the territorial limits of the authority levying the tax.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 58.
Section 11. Maximum rate of taxation. The rate of taxation on property, for state purposes, shall never exceed four mills on each dollar of valuation; provided, however, that in the discretion of the general assembly an additional levy of not to exceed one mill on each dollar of valuation may from time to time be authorized for the erection of additional buildings at, and for the use, benefit, maintenance, and support of the state educational institutions; provided, further, that the rate of taxation on property for all state purposes, including the additional levy herein provided for, shall never exceed five mills on each dollar of valuation, unless otherwise provided in the constitution.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 59. L. 1891: Entire section amended, p. 90. Initiated 20: Entire section amended, effective December 4, 1920, see L. 21, p. 179.
Cross references: For limitation of county levy, see part 2 of article 25 of title 30.
Section 12. Public funds - report of state treasurer. (1) The general assembly may provide by law for the safekeeping and management of the public funds in the custody of the state treasurer, but, notwithstanding any such provision, the state treasurer and his sureties shall be responsible therefor.
(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.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 59. L. 74: Entire section R&RE, p. 454, effective upon proclamation of the Governor, December 20, 1974.
Section 13. Making profit on public money - felony. The making of profit, directly or indirectly, out of state, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 59.
Section 14. Private property not taken for public debt. Private property shall not be taken or sold for the payment of the corporate debt of municipal corporations.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 59.
Section 15. Boards of equalization - duties - property tax administrator. (1) (a) There shall be in each county of the state a county board of equalization, consisting of the board of county commissioners of said county. As may be prescribed by law, the county boards of equalization shall raise, lower, adjust, and equalize valuations for assessment of taxes upon real and personal property located within their respective counties, subject to review and revision by the state board of equalization.
(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.
(2) The state board of equalization shall appoint, by a majority vote, a property tax administrator who shall serve for a term of five years and until his successor is appointed and qualified unless removed for cause by a majority vote of the state board of equalization. The property tax administrator shall have the duty, as provided by law, of administering the property tax laws and such other duties as may be prescribed by law and shall be subject to the supervision and control of the state board of equalization. The position of property tax administrator shall be exempt from the personnel system of this state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 59. L. 13: Entire section amended, see L. 15, p.163. L. 62: Entire section amended, see L. 63, p. 1059. L. 82: Entire section amended, p. 695, effective upon proclamation of the Governor, December 30, 1982.
Cross references: For county boards of equalization, see also article 8 of title 39; for the state board of equalization, see also article 9 of title 39.
Section 16. Appropriations not to exceed tax - exceptions. No appropriation shall be made, nor any expenditure authorized by the general assembly, whereby the expenditure of the state, during any fiscal year, shall exceed the total tax then provided for by law and applicable for such appropriation or expenditure, unless the general assembly making such appropriation shall provide for levying a sufficient tax, not exceeding the rates allowed in section eleven of this article, to pay such appropriation or expenditure within such fiscal year. This provision shall not apply to appropriations or expenditures to suppress insurrection, defend the state, or assist in defending the United States in time of war.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 60.
Cross references: For the unrestricted power of the general assembly to tax for suppression of insurrection, see § 11 of this article.
Section 17. Income tax. The general assembly may levy income taxes, either graduated or proportional, or both graduated and proportional, for the support of the state, or any political subdivision thereof, or for public schools, and may, in the administration of an income tax law, provide for special classified or limited taxation or the exemption of tangible and intangible personal property.
Source: L. 36: Entire section added, see L. 37, p. 675.
Section 18. License fees and excise taxes - use of. On and after July 1, 1935, the proceeds from the imposition of any license, registration fee, or other charge with respect to the operation of any motor vehicle upon any public highway in this state and the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuel except aviation fuel used for aviation purposes shall, except costs of administration, be used exclusively for the construction, maintenance, and supervision of the public highways of this state. Any taxes imposed upon aviation fuel shall be used exclusively for aviation purposes.
Source: Initiated 34: Entire section added, see L. 35, p. 328. L. 74: Entire section amended, p. 459, effective July 1, 1975.
Section 19. State income tax laws by reference to United States tax laws. The general assembly may by law define the income upon which income taxes may be levied under section 17 of this article by reference to provisions of the laws of the United States in effect from time to time, whether retrospective or prospective in their operation, and shall in any such law provide the dollar amount of personal exemptions to be allowed to the taxpayer as a deduction.
The general assembly may in any such law provide for other exceptions or modifications to any of such provisions of the laws of the United States and for retrospective exceptions or modifications to those provisions which are retrospective.
Source: L. 62: Entire section added, see L. 63, p. 1061.
Section 20. The Taxpayer's Bill of Rights. (1) General provisions. This section takes effect December 31, 1992 or as stated. Its preferred interpretation shall reasonably restrain most the growth of government. All provisions are self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions. Other limits on district revenue, spending, and debt may be weakened only by future voter approval. Individual or class action enforcement suits may be filed and shall have the highest civil priority of resolution. Successful plaintiffs are allowed costs and reasonable attorney fees, but a district is not unless a suit against it be ruled frivolous. Revenue collected, kept, or spent illegally since four full fiscal years before a suit is filed shall be refunded with 10% annual simple interest from the initial conduct. Subject to judicial review, districts may use any reasonable method for refunds under this section, including temporary tax credits or rate reductions. Refunds need not be proportional when prior payments are impractical to identify or return. When annual district revenue is less than annual payments on general obligation bonds, pensions, and final court judgments, (4) (a) and (7) shall be suspended to provide for the deficiency.
(2) Term definitions. Within this section:
(a) 'Ballot issue' means a non-recall petition or referred measure in an election.
(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.
(3) Election provisions.
(a) Ballot issues shall be decided in a state general election, biennial local district election, or on the first Tuesday in November of odd-numbered years. Except for petitions, bonded debt, or charter or constitutional provisions, districts may consolidate ballot issues and voters may approve a delay of up to four years in voting on ballot issues. District actions taken during such a delay shall not extend beyond that period.
(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:
(i) The election date, hours, ballot title, text, and local election office address and telephone number.
(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.
(c) Except by later voter approval, if a tax increase or fiscal year spending exceeds any estimate in (b) (iii) for the same fiscal year, the tax increase is thereafter reduced up to 100% in proportion to the combined dollar excess, and the combined excess revenue refunded in the next fiscal year. District bonded debt shall not issue on terms that could exceed its share of its maximum repayment costs in (b) (iv). Ballot titles for tax or bonded debt increases shall begin, '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), ...?'
(4) Required elections. Starting November 4, 1992, districts must have voter approval in advance for:
(a) Unless (1) or (6) applies, any new tax, tax rate increase, mill levy above that for the prior year, valuation for assessment ratio increase for a property class, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain to any district.
(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.
(5) Emergency reserves. To use for declared emergencies only, each district shall reserve for 1993 1% or more, for 1994 2% or more, and for all later years 3% or more of its fiscal year spending excluding bonded debt service. Unused reserves apply to the next year's reserve.
(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:
(a) A 2/3 majority of the members of each house of the general assembly or of a local district board declares the emergency and imposes the tax by separate recorded roll call votes.
(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.
(7) Spending limits. (a) The maximum annual percentage change in state fiscal year spending equals inflation plus the percentage change in state population in the prior calendar year, adjusted for revenue changes approved by voters after 1991. Population shall be determined by annual federal census estimates and such number shall be adjusted every decade to match the federal census.
(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.
(8) Revenue limits. (a) New or increased transfer tax rates on real property are prohibited. No new state real property tax or local district income tax shall be imposed. Neither an income tax rate increase nor a new state definition of taxable income shall apply before the next tax year. Any income tax law change after July 1, 1992 shall also require all taxable net income to be taxed at one rate, excluding refund tax credits or voter-approved tax credits, with no added tax or surcharge.
(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.
(9) State mandates. Except for public education through grade 12 or as required of a local district by federal law, a local district may reduce or end its subsidy to any program delegated to it by the general assembly for administration. For current programs, the state may require 90 days notice and that the adjustment occur in a maximum of three equal annual installments.
Source: Initiated 92: Entire section added, effective December 31, 1992, see L. 93, p. 2165. L. 94: (3)(b)(v) amended, p. 2851, effective upon proclamation of the Governor, L. 95, p. 1430, January 19, 1995. L. 96: IP(3)(b) and (3)(b)(v) amended, p. 1425, effective upon proclamation of the Governor, L. 97, p. 2393, December 26, 1996.
Editor s note: (1) Subsection (4) of this section provides that the provisions of this section apply to required elections of state and local governments conducted on or after November 4, 1992.
(2) This section was originally enacted in 1972 and contained provisions relating to the 1976 winter olympics. Those provisions were repealed, effective January 3, 1989, see page 1657 of the 1989 session laws.
Cross references: For statutory provisions implementing this section, see article 77 of title 24 (state fiscal policies); sections 1-1-102, 1-40-125, 1-41-101 to 1-41- 103, 29-2-102, and 32-1-802 (elections); sections 29-1-304.7 and 29-1-304.8 (turnback of programs delegated to local governments by the general assembly); sections 43-1- 112.5, 43-1-113, and 43-10-109 (department of transportation revenue and spending limits); sections 23-1-103.5, 23-1-104, and 23-1-105 (higher education revenue and spending limits); sections 24-30-202, 24-82-703, 24-82-705, and 24-82-801 (multiple fiscal-year obligations); sections 8-46-101, 8-46-202, 8-77-101, 24-75-302, and 43- 4-201 (provisions relating to individual funds and programs); and section 39-5- 121 (property tax valuation notices); and, concerning the establishment of enterprises, sections 23-1-106, 23-3.1-103.5, 23-3.1-104.5, 23-5-101.5, 23-5-102, 23-5-103, 23-70- 104, 23-70-107, 23-70-108, and 23-70-112 (higher education, auxiliary facilities), part 2 of article 35 of title 24 (state lottery), part 3 of article 3 of title 25 (county hospitals), sections 26-12-109 and 26-12-111 (state nursing homes), article 45.1 of title 37
(water activities), and section 43-4-502 (public highway authorities).
Section 21. Tobacco Taxes for Health Related Purposes. (1) The people of the state of Colorado hereby find that tobacco addiction is the leading cause of preventable death in Colorado, that Colorado should deter children and youth from starting smoking, that cigarette and tobacco taxes are effective at preventing and reducing tobacco use among children and youth, and that tobacco tax revenues will be used to expand health care for children and low income populations, tobacco education programs and the prevention and treatment of cancer and heart and lung disease.
(2) There are hereby imposed the following additional cigarette and tobacco taxes:
(a) Statewide cigarette tax, on the sale of cigarettes by wholesalers, at the rate of three and two-tenths cents per cigarette (64 cents per pack of twenty); and
(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.
(3) The cigarette and tobacco taxes imposed by this section shall be in addition to any other cigarette and tobacco taxes existing as of the effective date of this section on the sale or use of cigarettes by wholesalers and on the sale, use, consumption, handling, or distribution of tobacco products by distributors. Such existing taxes and their distribution shall not be repealed or reduced by the general assembly.
(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:
(a) Forty-six percent (46%) of such revenues shall be appropriated to increase the number of children and pregnant women enrolled in the children's basic health plan above the average enrollment for state fiscal year 2004, add the parents of enrolled children, and expand eligibility of low income adults and children who receive medical care through the 'Children's Basic Health Plan Act', article 19 of title 26, Colorado Revised Statutes, or any successor act, or through the 'Colorado Medical Assistance Act', article 4 of title 26, Colorado Revised Statutes, or any successor act.
(b) Nineteen percent (19%) 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:
(I) Is a community health center as defined in section 330 of the U.S. public health services act, or any successor act; or
(II) At least 50% 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. Such revenues shall be appropriated to the Colorado department of health care policy and financing, or successor agency, and shall be distributed annually to all eligible qualified providers throughout the state proportionate to the number of uninsured or medically indigent patients served.
(c) Sixteen percent (16%) 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 (16%) 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 (3%) 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.
(6) Revenues appropriated pursuant to paragraphs (a), (b), and (d) of subsection (5) shall be used to supplement revenues that are appropriated by the general assembly for health related purposes on the effective date of this section, and shall not be used to supplant those appropriated revenues.
(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.
Source: Initiated 2004: Entire section added, effective January 1, 2005, see L. 2005, p. 2335.
Cross references: For the proclamation of the governor, December 1, 2004, see L. 2005, p. 2335.
Section 1. Pledging credit of state, county, city, town or school district forbidden. Neither the state, nor any county, city, town, township or school district shall lend or pledge the credit or faith thereof, directly or indirectly, in any manner to, or in aid of, any person, company or corporation, public or private, for any amount, or for any purpose whatever; or become responsible for any debt, contract or liability of any person, company or corporation, public or private, in or out of the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 60.
Section 2. No aid to corporations - no joint ownership by state, county, city, town, or school district. Neither the state, nor any county, city, town, township, or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in any corporation or company or a joint owner with any person, company, or corporation, public or private, in or out of the state, except as to such ownership as may accrue to the state by escheat, or by forfeiture, by operation or provision of law; and except as to such ownership as may accrue to the state, or to any county, city, town, township, or school district, or to either or any of them, jointly with any person, company, or corporation, by forfeiture or sale of real estate for nonpayment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties, or forfeiture of recognizance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested. Nothing in this section shall be construed to prohibit any city or town from becoming a subscriber or shareholder in any corporation or company, public or private, or a joint owner with any person, company, or corporation, public or private, in order to effect the development of energy resources after discovery, or production, transportation, or transmission of energy in whole or in part for the benefit of the inhabitants of such city or town.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 60. L. 74: Entire section amended, p. 455, effective upon proclamation of the Governor, December 20, 1974.
Editor s note: An amendment to authorize local governments to become a partner with a public or private entity in the providing of health care services will be submitted to the registered electors of this state, for their approval or rejection, at the general election in November of 2002. For the text of the amendment, see Senate Concurrent Resolution 02-001, as printed in L. 2002, p. 3091.
Cross references: For scope, intent, and application of section, see notes to preceding section.
Section 2a. Student loan program. The general assembly may by law provide for a student loan program to assist students enrolled in educational institutions.
Source: L. 72: Entire section added, p. 643, effective upon proclamation of the Governor, January 11, 1973.
Section 3. Public debt of state - limitations. The state shall not contract any debt by loan in any form, except to provide for casual deficiencies of revenue, erect public buildings for the use of the state, suppress insurrection, defend the state, or, in time of war, assist in defending the United States; and the amount of debt contracted in any one year to provide for deficiencies of revenue shall not exceed one-fourth of a mill on each dollar of valuation of taxable property within the state, and the aggregate amount of such debt shall not at any time exceed three-fourths of a mill on each dollar of said valuation, until the valuation shall equal one hundred millions of dollars, and thereafter such debt shall not exceed one hundred thousand dollars; and the debt incurred in any one year for erection of public buildings shall not exceed one-half mill on each dollar of said valuation; and the aggregate amount of such debt shall never at any time exceed the sum of fifty thousand dollars (except as provided in section 5 of this article), and in all cases the valuation in this section mentioned shall be that of the assessment last preceding the creation of said debt.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 61. L. 1887: Entire section amended, p. 26. L. 09: Entire section amended, p. 317. L. 20: Entire section amended, effective December 4, 1920, see L. 21, p. 181. Initiated 22: Entire section amended, see L. 23, p. 234, effective December 21, 1922. L. 92: Entire section amended, p. 2317, effective upon proclamation of the Governor, L. 93: p. 2163, January 14, 1993.
Editor s note: The funding bond issues approved in this section have all been redeemed in full.
Cross references: For unlimited appropriations for suppression of insurrections to be raised by direct unlimited tax without intervention of a loan, see § 16 of art. X, Colo. Const.
Section 4. Law creating debt. In no case shall any debt above mentioned in this article be created except by a law which shall be irrepealable, until the indebtedness therein provided for shall have been fully paid or discharged; such law shall specify the purposes to which the funds so raised shall be applied, and provide for the levy of a tax sufficient to pay the interest on and extinguish the principal of such debt within the time limited by such law for the payment thereof, which in the case of debts contracted for the erection of public buildings and supplying deficiencies of revenue shall not be less than ten nor more than fifteen years, and the funds arising from the collection of any such tax shall not be applied to any other purpose than that provided in the law levying the same, and when the debt thereby created shall be paid or discharged, such tax shall cease and the balance, if any, to the credit of the fund shall immediately be placed to the credit of the general fund of the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 61.
Section 5. Debt for public buildings - how created. A debt for the purpose of erecting public buildings may be created by law as provided for in section four of this article, not exceeding in the aggregate three mills on each dollar of said valuation; provided, that before going into effect, such law shall be ratified by the vote of a majority of such qualified electors of the state as shall vote thereon at a general election under such regulations as the general assembly may prescribe.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 62.
Cross references: For limitation on public debt, see § 3 of article XI.
Section 6. Local government debt. (1) No political subdivision of the state shall contract any general obligation debt by loan in any form, whether individually or by contract pursuant to article XIV, section 18 (2) (a) of this constitution except by adoption of a legislative measure which shall be irrepealable until the indebtedness therein provided for shall have been fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied and providing for the levy of a tax which together with such other revenue, assets, or funds as may be pledged shall be sufficient to pay the interest and principal of such debt. Except as may be otherwise provided by the charter of a home rule city and county, city, or town for debt incurred by such city and county, city, or town, no such debt shall be created unless the question of incurring the same be submitted to and approved by a majority of the qualified taxpaying electors voting thereon, as the term 'qualified taxpaying elector' shall be defined by statute.
(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.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 62. L. 1887: Entire section amended, p. 27. L. 69: Entire section R&RE, p. 1251, effective January 1, 1972.
Editor s note: The United States Supreme Court in Kramer v. Union Free School District, 395 U.S. 621, 89 S. Ct. 1886, 23 L. Ed. 2d 583 (1969); Cipriano v. Houma, 395 U.S. 701, 89 S. Ct. 1897, 23 L. Ed. 2d 647 (1969); and City of Phoenix v. Kolodziejski, 399 U.S. 204, 90 S. Ct. 1990, 26 L. Ed. 2d 523 (1970), held that it is a violation of the equal protection clause to limit the right of franchise unless there is a compelling interest to be protected. The Phoenix case held that elections to authorize general obligation bonds may not be limited to taxpaying electors only.
Section 7. State and political subdivisions may give assistance to any political subdivision. No provision of this constitution shall be construed to prevent the state or any political subdivision from giving direct or indirect financial support to any political subdivision as may be authorized by general statute.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 62. L. 69: Entire section R&RE, p. 1251, effective January 1, 1972.
Section 8. City indebtedness; ordinance, tax, water obligations excepted. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 62. L. 69: Entire section repealed, p. 1251, effective January 1, 1972.
Section 9. This article not to affect prior obligations. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 63. L. 69: Entire section repealed, p. 1251, effective January 1, 1972.
Section 10. 1976 Winter Olympics.
(Deleted by amendment.)
Source: Initiated 72: Entire section added, effective upon proclamation of the Governor, January 11, 1973. L. 90: Entire section amended, p. 1861, effective upon proclamation of the Governor, L. 91, p.2033, January 3, 1991.
Section 1. When office expires - suspension by law. Every person holding any civil office under the state or any municipality therein, shall, unless removed according to law, exercise the duties of such office until his successor is duly qualified; but this shall not apply to members of the general assembly, nor to members of any board or assembly, two or more of whom are elected at the same time. The general assembly may, by law, provide for suspending any officer in his functions pending impeachment or prosecution for misconduct in office.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 63.
Section 2. Personal attention required. No person shall hold any office or employment of trust or profit, under the laws of the state or any ordinance of any municipality therein, without devoting his personal attention to the duties of the same.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 64.
Section 3. Defaulting collector disqualified from office. No person who is now or hereafter may become a collector or receiver of public money, or the deputy or assistant of such collector or receiver, and who shall have become a defaulter in his office, shall be eligible to or assume the duties of any office of trust or profit in this state, under the laws thereof, or of any municipality therein, until he shall have accounted for and paid over all public money for which he may be accountable.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 64.
Section 4. Disqualifications from holding office of trust or profit. No person hereafter convicted of embezzlement of public moneys, bribery, perjury, solicitation of bribery, or subornation of perjury, shall be eligible to the general assembly, or capable of holding any office of trust or profit in this state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 64.
Section 5. Investigation of state and county treasurers. The district court of each county shall, at each term thereof, specially give in charge to the grand jury, if there be one, the laws regulating the accountability of the county treasurer, and shall appoint a committee of such grand jury, or of other reputable persons not exceeding five, to investigate the official accounts and affairs of the treasurer of such county, and report to the court the condition thereof. The judge of the district court may appoint a like committee in vacation at any time, but not oftener than once in every three months. The district court of the county wherein the seat of government may be shall have the like power to appoint committees to investigate the official accounts and affairs of the state treasurer and the auditor of state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 64.
Section 6. Bribery of officers defined. Any civil officer or member of the general assembly who shall solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation or person, any money, office, appointment, employment, testimonial, reward, thing of value or enjoyment or of personal advantage or promise thereof, for his vote, official influence or action, or for withholding the same, or with an understanding that his official influence or action shall be in any way influenced thereby, or who shall solicit or demand any such money or advantage, matter or thing aforesaid for another, as the consideration of his vote, official influence or action, or for withholding the same, or shall give or withhold his vote, official influence or action, in consideration of the payment or promise of such money, advantage, matter or thing to another, shall be held guilty of bribery, or solicitation of bribery, as the case may be, within the meaning of this constitution, and shall incur the disabilities provided thereby for such offense, and such additional punishment as is or shall be prescribed by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 64.
Cross references: For the crime of bribery, see part 3 of article 8 of title 18.
Section 7. Bribery - corrupt solicitation. (1) Any person who directly or indirectly offers, gives, or promises any money or thing of value or privilege to any member of the general assembly or to any other public officer in the executive or judicial department of the state government to influence him in the performance of any of his public or official powers or duties is guilty of bribery and subject to such punishment therefor as may be prescribed by law.
(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.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 65. L. 74: Entire section R&RE, p. 452, effective January 1, 1975.
Section 8. Oath of civil officers. Every civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe 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 the office upon which he shall be about to enter.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 65.
Section 9. Oaths - where filed. Officers of the executive department and judges of the supreme and district courts, and district attorneys, shall file their oaths of office with the secretary of state; every other officer shall file his oath of office with the county clerk of the county wherein he shall have been elected.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 65.
Section 10. Refusal to qualify - vacancy. If any person elected or appointed to any office shall refuse or neglect to qualify therein within the time prescribed by law, such office shall be deemed vacant.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 65.
Cross references: For how vacancies in county offices are filled, see § 9 of art. XIV, Colo. Const.
Section 11. Elected public officers - term - salary - vacancy. No law shall extend the term of any elected public officer after his election or appointment nor shall the salary of any elected public officer be increased or decreased during the term of office for which he was elected. The term of office of any officer elected to fill a vacancy shall terminate at the expiration of the term during which the vacancy occurred.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 65. L. 74: Entire section amended, p. 453, effective January 1, 1975.
Section 12. Duel - disqualifies for office.
(Deleted by amendment.)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 65. L. 90: Entire section amended, p. 1861, effective upon proclamation of the Governor, L.91, p. 2034, January 3, 1991.
Section 13. Personnel system of state - merit system.
(1) Appointments and promotions to offices and employments in the personnel system of the state shall be made according to merit and fitness, to be ascertained by competitive tests of competence without regard to race, creed, or color, or political affiliation.
(2) The personnel system of the state shall comprise all appointive public officers and employees of the state, except the following: Members of the public utilities commission, the industrial commission of Colorado, the state board of land commissioners, the Colorado tax commission, the state parole board, and the state personnel board; members of any board or commission serving without compensation except for per diem allowances provided by law and reimbursement of expenses; 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; appointees to fill vacancies in elective offices; one deputy of each elective officer other than the governor and lieutenant governor specified in section 1 of article IV of this constitution; officers otherwise specified in this constitution; faculty members of educational institutions and departments not reformatory or charitable in character, and such administrators thereof as may be exempt by law; students and inmates in state educational or other institutions employed therein; attorneys at law serving as assistant attorneys general; and members, officers, and employees of the legislative and judicial departments of the state, unless otherwise specifically provided in this constitution.
(3) Officers and employees within the judicial department, other than judges and justices, may be included within the personnel system of the state upon determination by the supreme court, sitting en banc, that such would be in the best interests of the state.
(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 personnel system shall be one of the three persons ranking highest on the eligible list for such position, or such lesser number as qualify, as determined from competitive tests of competence, subject to limitations set forth in rules of the state personnel board applicable to multiple appointments from any such list.
(6) All appointees shall reside in the state, but applications need not be limited to residents of the state as to those positions found by the state personnel board to require special education or training or special professional or technical qualifications and which cannot be readily filled from among residents of this state.
(7) The head of each principal department shall be the appointing authority for the employees of his office and for heads of divisions, within the personnel system, ranking next below the head of such department. Heads of such divisions shall be the appointing authorities for all positions in the personnel system within their respective divisions. Nothing in this subsection shall be construed to affect the supreme executive powers of the governor prescribed in section 2 of article IV of this constitution.
(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) The state personnel director may authorize the temporary employment of persons, not to exceed six months, during which time an eligible list shall be provided for permanent positions. No other temporary or emergency employment shall be permitted under the personnel system.
(10) The state personnel board shall establish probationary periods for all persons initially appointed, but not to exceed twelve months for any class or position. After satisfactory completion of any such period, the person shall be certified to such class or position within the personnel system, but unsatisfactory performance shall be grounds for dismissal by the appointing authority during such period without right of appeal.
(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.
Source: Initiated 18: Entire section added, see L. 19, p. 341. L. 69: Entire section R&RE, p. 1252, effective July 1, 1971.
Editor s note: The 'Colorado tax commission', referred to in subsection (2) of this section, on and after July 1, 1971, is known as the 'board of assessment appeals'.
Section 14. State personnel board - state personnel director.
(1) There is hereby created a state personnel board to consist of five members, three of whom shall be appointed by the governor with the consent of the senate, and two of whom shall be elected by persons certified to classes and positions in the state personnel system in the manner prescribed by law. Each member shall be appointed or elected for a term of five years, and may succeed himself, but of the members first selected, the members appointed by the governor shall serve for terms of one, two, and three years, respectively, and the members elected shall serve for terms of four and five years, respectively. Each member of the board shall be a qualified elector of the state, but shall not be otherwise an officer or employee of the state or of any state employee organization, and shall receive such compensation as shall be fixed by law.
(2) Any member of the board may be removed by the governor for willful misconduct in office, willful failure or inability to perform his duties, final conviction of a felony or of any other offense involving moral turpitude, or by reason of permanent disability interfering with the performance of his duties, which removal shall be subject to judicial review. Any vacancy in office shall be filled in the same manner as the selection of the person vacating the office, and for the unexpired term.
(3) The state personnel board shall adopt, and may from time to time amend or repeal, rules to implement the provisions of this section and sections 13 and 15 of this article, as amended, and laws enacted pursuant thereto, including but not limited to rules concerning standardization of positions, determination of grades of positions, standards of efficient and competent service, the conduct of competitive examinations of competence, grievance procedures, appeals from actions by appointing authorities, and conduct of hearings by hearing officers where authorized by law.
(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.
Source: Initiated 44: Entire section added, see L. 45, p. 265. L. 69: Entire section R&RE, p. 1254, effective July 1, 1971.
Section 15. Veterans' preference. (1) (a) The passing grade on each competitive examination shall be the same for each candidate for appointment or employment in the personnel system of the state or in any comparable civil service or merit system of any agency or political subdivision of the state, including any municipality chartered or to be chartered under article XX of this constitution.
(b) Five points shall be added to the passing grade of each candidate on each such examination, except any promotional examination, who is separated under honorable conditions and who, other than for training purposes, (i) served in any branch of the armed forces of the United States during any period of any declared war or any undeclared war or other armed hostilities against an armed foreign enemy, or (ii) served on active duty in any such branch in any campaign or expedition for which a campaign badge is authorized.
(c) Ten points shall be added to the passing grade of any candidate of each such examination, except any promotional examination, 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 passing grade of any candidate of each such examination, except any promotional examination, 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 passing grade of any such candidate pursuant to this subsection (1).
(2) The certificate of the department of defense or of the veterans administration, or any successor thereto, shall be conclusive proof of service under honorable conditions or of disability or death incurred in the line of duty during such service.
(3) (a) When a reduction in the work force of the state or any such political subdivision thereof becomes necessary because of lack of work or curtailment of funds, employees not eligible for added points under subsection
(1) of this section shall be separated before those so entitled who have the same or more service in the employment of the state or such political subdivision, counting both military service for which such points are added and such employment with the state or such political subdivision, as the case may be, from which the employee is to be separated.
(b) In the case of such a person eligible for added points 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.
(4) The state personnel board and each comparable supervisory or administrative board of any such civil service or merit system of any agency of the state or any such political subdivision thereof, shall implement the provisions of this section to assure that all persons entitled to added points and preference in examinations and retention shall enjoy their full privileges and rights granted by this section.
(5) Any examination which is a promotional examination, but which is also open to persons other than employees for whom such appointment would be a promotion, shall be considered a promotional examination for the purposes of this section.
(6) Any other provision of this section to the contrary notwithstanding, no person shall be entitled to the addition of points under this section for more than one appointment or employment with the same jurisdiction, personnel system, civil service, or merit system.
(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 examinations, except promotional examinations, conducted on or after such date, and it shall be in all respects self-executing.
Source: L. 69: Entire section added, p. 1254, effective July 1, 1971. L. 90: (7) amended, p. 1862, effective upon proclamation of the Governor, L. 91, p. 2034, January 3, 1991. L. 92: (1)(d) amended, p. 2319, effective upon proclamation of the Governor, L. 93, p. 2163, January 14, 1993.
Section 1. House impeach - senate try - conviction - when chief justice presides. The house of representatives shall have the sole power of impeachment. The concurrence of a majority of all the members shall be necessary to an impeachment. All impeachments shall be tried by the senate, and when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence. When the governor or lieutenantgovernor is on trial, the chief justice of the supreme court shall preside. No person shall be convicted without a concurrence of two-thirds of the senators elected.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 66.
Section 2. Who liable to impeachment - judgment - no bar to prosecution. The governor and other state and judicial officers, shall be liable to impeachment for high crimes or misdemeanors or malfeasance in office, but judgment in such cases shall only extend to removal from office and disqualification to hold any office of honor, trust or profit in the state. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 66. L. 90: Entire section amended, p. 1862, effective upon proclamation of the Governor, L. 91, p. 2034, January 3, 1991.
Section 3. Officers not subject to impeachment subject to removal. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office in such manner as may be provided by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 66.
Section 1. Counties of state. The several counties of the territory of Colorado as they now exist, are hereby declared to be counties of the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 66.
Cross references: For counties generally, see title 30; for the subjection of the city and county of Denver to the general provisions of this article, see § 2 of art. XX, Colo. Const.
Section 2. Removal of county seats. The general assembly shall have no power to remove the county seat of any county, but the removal of county seats shall be provided for by general law, and no county seat shall be removed unless a majority of the registered electors of the county, voting on the proposition at a general election vote therefor; and no such proposition shall be submitted oftener than once in four years, and no person shall vote on such proposition who shall not have resided in the county six months and in the election precinct ninety days next preceding such election.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 66. L. 84: Entire section amended, p. 1144, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985.
Cross references: For location and removal of county seats, see article 8 of title 30.
Section 3. Striking off territory - vote. Except as otherwise provided by statute, no part of the territory of any county shall be stricken off and added to an adjoining county, without first submitting the question to the registered electors of the county from which the territory is proposed to be stricken off; nor unless a majority of all the registered electors of said county voting on the question shall vote therefor.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 66. Initiatied 74: Entire section amended, effective upon proclamation of the Governor, December 20, 1974. L. 84: Entire section amended, p. 1144, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985.
Cross references: For annexation of part of a county to an adjoining county, see §§ 30-6-105 to 30-6-109.5.
Section 4. New county shall pay proportion of debt. In all cases of the establishment of any new county, the new county shall be held to pay its ratable proportion of all then existing liabilities, of the county or counties from which such new county shall be formed.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 67.
Section 5. Part stricken off - pay proportion of debt. When any part of a county is stricken off and attached to another county, the part stricken off shall be held to pay its ratable proportion of all then existing liabilities of the county from which it is taken.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 67. County Officers
Editor s note: An amendment to authorize the General Assembly to establish qualifications for the office of county coroner will be submitted to the registered electors of this state, for their approval or rejection, at the general election in November of 2002. For the text of the amendment, see Senate Concurrent Resolution 02-002, as printed in L. 2002, p. 3093.
Section 6. County commissioners - election - term. In each county having a population of less than seventy thousand there shall be elected, for a term of four years each, three county commissioners who shall hold sessions for the transaction of county business as provided by law; any two of whom shall constitute a quorum for the transaction of business. Two of said commissioners shall be elected at the general election in the year nineteen hundred and four, and at the general election every four years thereafter; and the other one of said commissioners shall be elected at the general election in the year nineteen hundred and six, and at the general election every four years thereafter; provided, that when the population of any county shall equal or exceed seventy thousand, the board of county commissioners may consist of five members, any three of whom shall constitute a quorum for the transaction of business. Three of said commissioners in said county shall be elected at the general election in the year nineteen hundred and four, and at the general election every four years thereafter; and the other two of said commissioners in such county shall be elected at the general election in the year nineteen hundred and six and every four years thereafter; and all of such commissioners shall be elected for the term of four years. This section shall govern, except as hereafter otherwise expressly directed or permitted by constitutional enactment.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 67. L. 01: Entire section amended, p. 112. L. 2000: Entire section amended, p. 2776, §1, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Cross references: For number of county commissioners in counties over 70,000 population, see § 1-4-205 (3); for county commissioners, see part 3 of article 10 of title 30; for powers of board of county commissioners, see § 30-11-107.
Section 7. Officers compensation. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 67. L. 68: Entire section repealed p. 260.
Cross references: For compensation of county officers, see § 15 of this article.
Section 8. County officers - election - term - salary. There shall be elected in each county, at the same time at which members of the general assembly are elected, commencing in the year nineteen hundred and fifty-four, and every four years thereafter, one county clerk, who shall be ex officio recorder of deeds and clerk of the board of county commissioners; one sheriff; one coroner; one treasurer who shall be collector of taxes; one county surveyor; one county assessor; and one county attorney who may be elected or appointed, as shall be provided by law; and such officers shall be paid such salary or compensation, either from the fees, perquisites and emoluments of their respective offices, or from the general county fund, as may be provided by law.
The term of office of all such officials shall be four years, and they shall take office on the second Tuesday in January next following their election, or at such other time as may be provided by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 67. L. 01: Entire section amended, p. 113. Initiated 55: Entire section amended, p. 247. L. 2000: Entire section amended, p. 2776, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Cross references: For county officers, see article 10 of title 30; for the county attorney, see § 30-11-118.
Section 8.5. Sheriff - qualifications. The general assembly shall have the authority to establish by law qualifications for the office of county sheriff, including but not limited to training and certification requirements.
Source: L. 96: Entire section added, p. 1889, effective upon proclamation of the Governor, L. 97, p. 2392, December 26, 1996.
Section 8.7. Coroner - qualifications. The general assembly shall have the authority to establish by law qualifications for the office of county coroner, including but not limited to training and certification requirements.
Source: L. 2002: Entire section added, p. 3093, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: For the vote count on the 2002 referred measure enacting this section, see L. 2003, p. 3628.
Section 9. Vacancies - how filled. In case of a vacancy occurring in the office of county commissioner a vacancy committee of the same political party as the vacating commissioner constituted as provided by law shall, by a majority vote, fill the vacancy by appointment within ten days after occurrence of the vacancy. If the vacancy committee fails to fill the vacancy within ten days after occurrence of the vacancy, the governor shall fill the same by appointment within fifteen days after occurrence of the vacancy. The person appointed to fill a vacancy in the office of county commissioner shall be a member of the same political party, if any, as the vacating commissioner. In case of a vacancy in any other county office, or in any precinct office, the board of county commissioners shall fill the same by appointment. Any person appointed pursuant to this section shall hold the office until the next general election, or until the vacancy is filled by election according to law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 67. L. 78: Entire section amended, p. 527, effective upon proclamation of the Governor, December 29, 1978.
Cross references: For vacancies in office due to refusal or neglect to qualify for such offices, see § 10 of art. XII, Colo. Const.
Section 10. Elector only eligible to county office. No person shall be eligible to any county office unless he shall be a qualified elector; nor unless he shall have resided in the county one year preceding his election.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 68.
Section 11. Justices of the peace - constables. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 68. L. 01: Entire section amended, p. 114. L. 62: Entire section repealed, effective January 12, 1965, see L. 63, p. 1055.
Section 12. Other officers. The general assembly shall provide for the election or appointment of such other county officers and such municipal officers of statutory cities and towns as public convenience may require; and their terms of office shall be as prescribed by statute.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 68. L. 69: Entire section R&RE, p. 1250, effective January 1, 1972.
Section 13. Classification of cities and towns. The general assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes shall not exceed four; and the powers of each class shall be defined by general laws, so that all municipal corporations of the same class shall possess the same powers and be subject to the same restrictions.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 68.
Cross references: For classification of municipal corporations, see § 31-1- 201.
Section 14. Existing cities and towns may come under general law.
The general assembly shall also make provision, by general law, whereby any city, town or village, incorporated by any special or local law, may elect to become subject to and be governed by the general law relating to such corporations.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 68.
Cross references: For the reorganization of cities or towns incorporated by special charter, see § 31-2-301.
Section 15. Compensation and fees of county officers. The general assembly shall fix the compensation of county officers in this state by law, and shall establish scales of fees to be charged and collected by such county officers. All such fees shall be paid into the county general fund. 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. County officers shall not have their compensation increased or decreased during the terms of office to which they have been elected or appointed.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 68. L. 68: Entire section R&RE, p. 260. L. 2000: Entire section amended, p. 2777, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Cross references: For compensation of county and other officers, see article 2 of title 30.
Section 16. County home rule. (1) Notwithstanding the provisions of sections 6, 8, 9, 10, 12, and 15 of this article, the registered electors of each county of the state are hereby vested with the power to adopt a home rule charter establishing the organization and structure of county government consistent with this article and statutes enacted pursuant hereto.
(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.
Source: L. 69: Entire section added, p. 1247, effective January 1, 1972. L. 84:
(1) and (2) amended, p. 1144, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985.
Section 17. Service authorities. (1) (a) The general assembly shall provide by statute for the organization, structure, functions, services, facilities, and powers of service authorities pursuant to the following requirements:
(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.
(2) (a) The general assembly shall also provide by statute for:
(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.
(3) (a) The general assembly shall designate by statute the functions, services, and facilities which may be provided by a service authority, and the manner in which the members of the governing body of any service authority shall be elected from compact districts of approximately equal population by the registered electors of the authority, including the terms and qualifications of such members. The general assembly may provide that members of the governing body may be elected by a vote of each compact district or by an atlarge vote or combination thereof. Notwithstanding any provision in this constitution or the charter of any home rule city and county, city, town, or county to the contrary, mayors, councilmen, trustees, and county commissioners may additionally hold elective office with a service authority and serve therein either with or without compensation, as provided by statute.
(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.
(4) (a) A service authority shall be a body corporate and a political subdivision of the state.
(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.
Source: L. 69: Entire section added, p. 1247, effective January 1, 1972. L. 84:
(1)(b), (2)(d), (3)(a), and (3)(c) to (3)(e) amended, p. 1144, effective upon upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985. L. 2000: (3)(a) amended, p. 2777, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Section 18. Intergovernmental relationships. (1) (a) Any other provisions of this constitution to the contrary notwithstanding:
(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 quasi-municipal corporation, or any combination thereof may succeed to the rights, properties, and other assets and assume the obligations of any quasi-municipal 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.
(2) (a) Nothing in this constitution shall be construed to prohibit the state or any of its political subdivisions from cooperating or contracting with one another or with the government of the United States to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes, or the incurring of debt.
(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.
Source: L. 69: Entire section added, p. 1249, effective January 1, 1972.
Section 1. Unused charters or grants of privilege. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 69. L. 2000: Entire section repealed, p. 2778, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Section 2. Corporate charters created by general law. No charter of incorporation shall be granted, extended, changed or amended by special law, except for such municipal, charitable, educational, penal or reformatory corporations as are or may be under the control of the state; but the general assembly shall provide by general laws for the organization of corporations hereafter to be created.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 69.
Cross references: For prohibition of special laws, see § 25 of art. V, Colo. Const.
Section 3. Power to revoke, alter or annul charter. The general assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable at the adoption of this constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of the state, in such manner, however, that no injustice shall be done to the corporators.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 69.
Section 4. Railroads - common carriers - construction - intersection. All railroads shall be public highways, and all railroad companies shall be common carriers. Any association or corporation organized for the purpose, shall have the right to construct and operate a railroad between any designated points within this state, and to connect at the state line with railroads of other states and territories. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 69.
Cross references: For provisions regulating railroads, see also article 20 of title 40.
Section 5. Consolidation of parallel lines forbidden. No railroad corporation, or the lessees or managers thereof, shall consolidate its stock, property or franchises with any other railroad corporation owning or having under its control a parallel or competing line.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 69.
Section 6. Equal rights of public to transportation .All individuals, associations and corporations shall have equal rights to have persons and property transported over any railroad in this state, and no undue or unreasonable discrimination shall be made in charges or in facilities for transportation of freight or passengers within the state, and no railroad company, nor any lessee, manager or employee thereof, shall give any preference to individuals, associations or corporations in furnishing cars or motive power.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 69.
Cross references: For prohibition against discrimination by public utilities, see also §§ 40-3-105 to 40-3-111.
Section 7. Existing railroads to file acceptance of constitution.
(Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 69. L. 2000: Entire section repealed, p. 2778, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Section 8. Eminent domain - police power - not to be abridged.
The right of eminent domain shall never be abridged nor so construed as to prevent the general assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the police power of the state shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 70.
Section 9. Fictitious stock, bonds - increase of stock. No corporation shall issue stocks or bonds, except for labor done, service performed, or money or property actually received, and all fictitious increase of stock or indebtedness shall be void. The stock of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding a majority of the stock, first obtained at a meeting held after at least thirty days' notice given in pursuance of law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 70.
Section 10. Foreign corporations - place - agent. No foreign corporation shall do any business in this state without having one or more known places of business, and an authorized agent or agents in the same, upon whom process may be served.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 70.
Section 11. Street railroads - consent of municipality. No street railroad shall be constructed within any city, town, or incorporated village, without the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 70.
Cross references: For electric and street railroads, see also article 24 of title 40.
Section 12. Retrospective laws not to be passed. The general assembly shall pass no law for the benefit of a railroad or other corporation, or any individual or association of individuals, retrospective in its operation, or which imposes on the people of any county or municipal subdivision of the state, a new liability in respect to transactions or considerations already past.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 70.
Cross references: For ex post facto laws, see § 11 of article II.
Section 13. Telegraph lines - consolidation. Any association or corporation, or the lessees or managers thereof, organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this state, and to connect the same with other lines, and the general assembly shall, by general law, of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph company shall consolidate with, or hold a controlling interest in, the stock or bonds of any other telegraph company owning or having the control of a competing line, or acquire, by purchase or otherwise, any other competing line of telegraph.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 70.
Cross references: For provisions regulating telegraph companies, see article 3 of title 40.
Section 14. Railroad or telegraph companies - consolidating with foreign companies. If any railroad, telegraph, express or other corporation organized under any of the laws of this state, shall consolidate, by sale or otherwise, with any railroad, telegraph, express or other corporation organized under any laws of any other state or territory or of the United States, the same shall not thereby become a foreign corporation, but the courts of this state shall retain jurisdiction over that part of the corporate property within the limits of the state in all matters which may arise, as if said consolidation had not taken place.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 71.
Section 15. Contracts with employees releasing from liability - void. It shall be unlawful for any person, company or corporation to require of its servants or employees, as a condition of their employment or otherwise, any contract or agreement, whereby such person, company or corporation shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof, and such contracts shall be absolutely null and void.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 71.
MINING
Section 1. Commissioner of mines. There shall be established and maintained the office of commissioner of mines, the duties and salaries of which shall be prescribed by law. When said office shall be established, the governor shall, with the advice and consent of the senate, appoint thereto a person known to be competent, whose term of office shall be four years.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 71.
Cross references: For the designation of the executive director of the department of natural resources as the commissioner of mines, see § 24-1-124 (1).
Section 2. Ventilation - employment of children. The general assembly shall provide by law for the proper ventilation of mines, the construction of escapement shafts, and such other appliances as may be necessary to protect the health and secure the safety of the workmen therein; and shall prohibit the employment in the mines of children under twelve years of age.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 71.
Cross references: For provisions regulating mines, see also articles 20 to 25 of title 34; for wages generally, see article 4 of title 8; for wage equality regardless of sex, see article 5 of title 8; for minimum wages for mine workers, see article 6 of title 8; for the state youth employment opportunity act, see article 12 of title 8; for eight-hour maximum work day, see article 13 of title 8.
Section 3. Drainage. The general assembly may make such regulations from time to time, as may be necessary for the proper and equitable drainage of mines.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 71.
Cross references: For mine drainage districts, see also article 51 of title 34.
Section 4. Mining, metallurgy, in public institutions. The general assembly may provide that the science of mining and metallurgy be taught in one or more of the institutions of learning under the patronage of the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 71.
Cross references: For the Colorado school of mines, see article 41 of title 23.
IRRIGATION
Section 5. Water of streams public property. The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72.
Cross references: For taking property for public use, see § 15 of art. II, Colo. Const.
Section 6. Diverting unappropriated water - priority preferred uses. The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose; but when the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall have the preference over those claiming for any other purpose, and those using the water for agricultural purposes shall have preference over those using the same for manufacturing purposes.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72.
Cross references: For appropriation and use of water, see also article 82 of title 37; for taking property for public use, see § 15 of art. II, Colo. Const.; for public ownership of natural stream waters, see § 5 of this article; for diversion of waters from the state, see §§ 37-81-101 to 37-81-103.
Section 7. Right-of-way for ditches, flumes. All persons and corporations shall have the right-of-way across public, private and corporate lands for the construction of ditches, canals and flumes for the purpose of conveying water for domestic purposes, for the irrigation of agricultural lands, and for mining and manufacturing purposes, and for drainage, upon payment of just compensation.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72.
Cross references: For rights-of-way and ditches, see also article 86 of title 37; for taking private property for private use, see § 14 of art. II, Colo. Const.; for public ownership of natural stream waters, see § 5 of this article; for diverting unappropriated water, see § 6 of this article; for eminent domain, see article 1 to 7 of title 38.
Section 8. County commissioners to fix rates for water, when. The general assembly shall provide by law that the board of county commissioners in their respective counties, shall have power, when application is made to them by either party interested, to establish reasonable maximum rates to be charged for the use of water, whether furnished by individuals or corporations.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72.
Cross references: For rates of public utilities, see article XXV; for fixing a reasonable maximum rate of compensation for water, see also article 85 of title 37; for public ownership of natural stream waters, see § 5 of this article.
Militia
Section 1. Persons subject to service. The militia of the state shall consist of all able-bodied male residents of the state between the ages of eighteen and forty-five years; except, such persons as may be exempted by the laws of the United States, or of the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72.
Cross references: For the state guard generally, see article 4 of title 28; for the composition of the state guard, see § 28-4-104; for the requirement of United States citizenship, see § 28-4-112.
Section 2. Organization - equipment - discipline. The organization, equipment and discipline of the militia shall conform as nearly as practicable, to the regulations for the government of the armies of the United States.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72.
Cross references: For rules and regulations dealing with organization, equipment, and discipline, see § 28-4-105; for the requisition of equipment, see § 28-4-
Section 3. Officers - how chosen. The governor shall appoint all general, field and staff officers and commission them. Each company shall elect its own officers, who shall be commissioned by the governor; but if any company shall fail to elect such officers within the time prescribed by law, they may be appointed by the governor.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 73.
Cross references: For oath of officers, see § 28-4-113.
Section 4. Armories. The general assembly shall provide for the safekeeping of the public arms, military records, relics and banners of the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 73.
Cross references: For the provision of state armories, see also § 28-4-107.
Section 5. Exemption in time of peace. No person having conscientious scruples against bearing arms, shall be compelled to do militia duty in time of peace; provided, such person shall pay an equivalent for such exemption.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 73.
Miscellaneous
Section 1. Homestead and exemption laws. The general assembly shall pass liberal homestead and exemption laws.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 73. Initiated 94: Entire section amended, effective upon proclamation of the Governor, L. 95, p. 1435, January 19, 1995.
Cross references: For homestead exemptions, see also part 2 of article 41 of title 38.
Section 2. Lotteries prohibited - exceptions. (1) The general assembly shall have no power to authorize lotteries for any purpose; except that the conducting of such games of chance as provided in subsections (2) to (4) of this section shall be lawful on and after January 1, 1959, and the conducting of state-supervised lotteries pursuant to subsection (7) of this section shall be lawful on and after January 1, 1981.
(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 therefor 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 five-year period a dues-paying 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:
(a) The entire net proceeds of any game shall be exclusively devoted to the lawful purposes of organizations permitted to conduct such games.
(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.
(5) Subsections (2) to (4) of this section are self-enacting, but laws may be enacted supplementary to and in pursuance of, but not contrary to, the provisions thereof.
(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 state-supervised 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.
Source: Entire article added, effective August 1, 1876, see L. 1877, p.73. Initiated 58: Entire section amended, see L. 59, p. 867. L. 79: Entire section amended, p. 1676, effective upon proclamation of the Governor, December 19, 1980.
Cross references: For statutory provisions implementing a state-supervised lottery, including lotto, see part 2 of article 35 of title 24.
Section 3. Arbitration laws. It shall be the duty of the general assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by mutual agreement of the parties to any controversy who may choose that mode of adjustment. The powers and duties of such arbitrators shall be as prescribed by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 73.
Section 4. Felony defined. The term felony, wherever it may occur in this constitution, or the laws of the state, shall be construed to mean any criminal offense punishable by death or imprisonment in the penitentiary, and none other.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 73.
Section 5. Spurious and drugged liquors - laws concerning. The general assembly shall prohibit by law the importation into this state, for the purpose of sale, of any spurious, poisonous or drugged spirituous liquors, or spirituous liquors adulterated with any poisonous or deleterious substance, mixture, or compound; and shall prohibit the compounding or manufacture within this state, except for chemical or mechanical purposes, of any of said liquors, whether they be denominated spirituous, vinous, malt or otherwise; and shall also prohibit the sale of any such liquors to be used as a beverage, and any violation of either of said prohibitions shall be punished by fine and imprisonment. The general assembly shall provide by law for the condemnation and destruction of all spurious, poisonous or drugged liquors herein prohibited.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 73.
Section 6. Preservation of forests. The general assembly shall enact laws in order to prevent the destruction of, and to keep in good preservation, the forests upon the lands of the state, or upon lands of the public domain, the control of which shall be conferred by congress upon the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 74.
Cross references: For provisions regulating forestry, see article 7 of title 36.
Section 7. Land value increase - arboreal planting exempt. The general assembly may provide that the increase in the value of private lands caused by the planting of hedges, orchards and forests thereon, shall not, for a limited time to be fixed by law, be taken into account in assessing such lands for taxation.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 74.
Section 8. Publication of laws. The general assembly shall provide for the publication of the laws passed at each session thereof.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 74. L. 90: Entire section amended, p. 1862, effective upon proclamation of the Governor, L. 91, p. 2033, January 3, 1991.
Editor s note: The 1990 amendment to this section deleted language which required that until 1900 laws passed at each session of the General Assembly be published in Spanish and German. For the language of this section prior to the 1990 amendment, see the 1980 Replacement Volume 1A, Colorado Revised Statutes.
Cross references: For the publication of session laws, see also § 24-70-223; for the publication of Colorado Revised Statutes, see article 5 of title 2.
Section 9. Limited gaming permitted. (1) Any provisions of section 2 of this article XVIII or any other provisions of this constitution to the contrary notwithstanding, limited gaming in the City of Central, the City of Black Hawk, and the City of Cripple Creek shall be lawful as of October 1, 1991.
(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:
(a) Limited gaming shall take place only in the existing Colorado cities of: the City of Central, county of Gilpin, the City of Black Hawk, county of Gilpin, and the City of Cripple Creek, county of Teller. Such limited gaming shall be further confined to the commercial districts of said cities as said districts are respectively defined in the city ordinances adopted by: the City of Central on October 7, 1981, the City of Black Hawk on May 4, 1978, and the City of Cripple Creek on December 3, 1973.
(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.
(e) Limited gaming may occur in establishments licensed to sell alcoholic beverages.
(4) As certain terms are used in regards to limited gaming:
(a) 'Adjusted gross proceeds' means the total amount of all wagers made by players on limited gaming less all payments to players; said payments to players being deemed to include all payments of cash premiums, merchandise, tokens, redeemable game credits, or any other thing of value.
(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.
(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.
(5) (a) Up to a maximum of forty percent of the adjusted gross proceeds of limited gaming shall be paid by each licensee, in addition to any applicable license fees, for the privilege of conducting limited gaming. Such percentage shall be established annually by the commission according to the criteria established by the general assembly in the implementing legislation to be enacted pursuant to paragraph (c) of this subsection (5). Such payments shall be made into a limited gaming fund that is hereby created in the state treasury.
(b) (I) From the moneys in the limited gaming fund, the state treasurer is hereby authorized to pay all ongoing expenses of the commission and any other state agency, related to the administration of this section 9. Such payment shall be made upon proper presentation of a voucher prepared by the commission in accordance with statutes governing payments of liabilities incurred on behalf of the state. Such payment shall not be conditioned on any appropriation by the general assembly.
(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: 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.
(c) and (d) Repealed.
(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.
(6) Local vote on legality of limited gaming - election required.
(a) Except as provided in paragraph (e) of this subsection (6), limited gaming shall not be lawful within any city, town, or unincorporated portion of a county which has been granted constitutional authority for limited gaming within its boundaries unless first approved by an affirmative vote of a majority of the electors of such city, town, or county voting thereon. The question shall first be submitted to the electors at a general, regular, or special election held within thirteen months after the effective date of the amendment which first adds such city, county, or town to those authorized for limited gaming pursuant to this constitution; and said election shall be conducted pursuant to applicable state or local government election laws.
(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) (I) The question submitted to the electors at any election held pursuant to this subsection (6) shall be phrased in substantially the following form: 'Shall limited gaming be lawful within ?'
(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.
(e) Nothing contained in this subsection (6) shall be construed to affect the authority granted upon the initial adoption of this section at the 1990 general election, or the conduct and regulation of gaming on Indian reservations pursuant to federal law.
(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.
Source: Initiated 90: Entire section added, effective upon proclamation of the Governor, L. 91, p. 2037, January 3, 1991. L. 92: (6) added, p. 2313, effective upon proclamation of the Governor, L. 93, p. 2156, January 14, 1993. L. 2002: (5)(c) and
(5)(d) repealed, p. 3095, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: For the vote count on the 2002 referred measure repealing subsections (5)(c) and (5)(d), see L. 2003, p. 3629.
Cross references: For statutory provisions concerning limited gaming, see articles 47.1 and 47.2 of title 12.
Section 9a. U.S. senators and representatives - limitations on terms. (1) In order to broaden the opportunities for public service and to assure that members of the United States Congress from Colorado are representative of and responsive to Colorado citizens, no United States Senator from Colorado shall serve more than two consecutive terms in the United States Senate, and no United States Representative from Colorado shall serve more than three consecutive terms in the United States House of Representatives. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1995. Any person appointed or elected to fill a vacancy in the United States Congress 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
(1). Terms are considered consecutive unless they are at least four years apart.
(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.
Source: Initiated 90: Entire section added, effective upon proclamation of the Governor, L. 91, p. 2036, January 3, 1991. Initiated 94: Entire section amended, effective upon proclamation of the Governor, L. 95, p. 1435, January 19, 1995.
Section 10. Severability of constitutional provisions. If any provision of any section of any article in this constitution is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions are valid unless the court holds that the valid provisions are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed the enactment of the valid provisions would have occurred without the void one; or unless the court determines that the valid provisions, standing alone, are incomplete and not capable of being executed.
Source: L. 92: Entire section added, p. 2314, effective upon proclamation of the Governor, L. 93, p. 2158, January 14, 1993.
Section 11. Elected government officials - limitation on terms.
(1) In order to broaden the opportunities for public service and to assure that elected officials of governments are responsive to the citizens of those governments, no nonjudicial elected official of any county, city and county, city, town, school district, service authority, or any other political subdivision of the State of Colorado, no member of the state board of education, and no elected member of the governing board of a state institution of higher education shall serve more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, no such elected official shall serve more than three consecutive terms in office. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1995. For purposes of this Section 11, terms are considered consecutive unless they are at least four years apart.
(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.
Source: Initiated 94: Entire section added, effective upon proclamation of the Governor, L. 95, p. 1436, January 19, 1995.
Editor s note: An amendment to exempt district attorneys from constitutional term limits will be submitted to the registered electors of this state, for their approval or rejection, at the general election in November of 2002. For the text of the amendment, see Senate Concurrent Resolution 01-002, as printed in L. 2001, p. 2375.
Section 12. Repealed.
Source: Initiated 96: Entire section added, effective upon proclamation of the Governor, L. 97, p. 2395, December 26, 1996. L. 2002: Entire section repealed, p. 3096, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: (1) This section was found unconstitutional by the Colorado Supreme Court in Morrissey v. State, 951 P.2d 911 (Colo. 1998).
(2) This section related to congressional term limits.
(3) For the vote count on the 2002 referred measure repealing this section, see L. 2003, p. 3629.
(4) This section related to congressional term limits.
Section 12a. Congressional Term Limits Declaration.
(1) Information for voters about candidates' decisions to term limit themselves is more important than party labeling, therefore, any candidate seeking to be elected to the United States Congress shall be allowed, but not required, to submit to the secretary of state an executed copy of the Term Limits Declaration set forth in subsection (2) of this section not later than 15 days prior to the certification of every congressional election ballot to each county clerk and recorder by the secretary of state. The secretary of state shall not refuse to place a candidate on any ballot due to the candidate's decision not to submit such 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: 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. ________________________________ _______________________________ Signature by candidate executes Part B Date 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. 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. ________________________________ _______________________________ Signature by candidate executes Part A Date After executing Part A, a candidate may execute and submit the voluntary statement in Part B. 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
(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.
(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 onehalf 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.
Source: Initiated 98: Entire section added, effective upon proclamation of the Governor, L. 99, p. 2257, December 30, 1998.
Section 12b. Prohibited methods of taking wildlife. (1) It shall be unlawful to take wildlife with any leghold trap, any instant kill body-gripping design trap, or by poison or snare in the state of Colorado.
(2) The provisions of subsection (1) of this section shall not prohibit:
(a) The taking of wildlife by use of the devices or methods described in subsection (1) of this section by federal, state, county, or municipal departments of health for the purpose of protecting human health or safety;
(b) The use of the devices or methods described in subsection (1) of this section for controlling:
(I) wild or domestic rodents, except for beaver or muskrat, as otherwise authorized by law; or
(II) wild or domestic birds as otherwise authorized by law;
(c) The use of non-lethal snares, traps specifically designed not to kill, or nets to take wildlife for scientific research projects, for falconry, for relocation, or for medical treatment pursuant to regulations established by the Colorado wildlife commission; or
(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.
(3) Notwithstanding the provisions of this section 12, the owner or lessee of private property primarily used for commercial livestock or crop production, or the employees of such owner or lessee, shall not be prohibited from using the devices or methods described in subsection (1) of this section on such private property so long as:
(a) such use does not exceed one thirty day period per year; and
(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.
(4) The provisions of this section 12 shall not apply to the taking of wildlife with firearms, fishing equipment, archery equipment, or other implements in hand as authorized by law.
(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:
(a) The term 'taking' shall be defined as provided in section 33-1-102
(43), C.R.S., on the date this section is enacted.
(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.
Source: Initiated 96: Entire section added, effective upon proclamation of the Governor, L. 97, p. 2397, January 15, 1997.
Editor s note: Although this section was numbered as section 12 as it appeared on the ballot, for ease of location it has been numbered as section 12b.
Section 14. Medical use of marijuana for persons suffering from debilitating medical conditions. (1) As used in this section, these terms are defined as follows:
(a) 'Debilitating medical condition' means:
(I) Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome, or treatment for such 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.
(b) 'Medical use' means the acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after a diagnosis of the patient's debilitating medical condition by a physician or physicians, as provided by 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.
(2) (a) Except as otherwise provided in subsections (5), (6), and (8) of this section, a patient or primary care-giver charged with a violation of the state's criminal laws related to the patient's medical use of marijuana will be deemed to have established an affirmative defense to such allegation where:
(I) The patient was previously diagnosed by a physician as having a debilitating medical condition;
(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.
(b) Effective June 1, 1999, it shall be an exception from the state's criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana, except as otherwise provided in subsections (5) and (8) of this section.
(c) It shall be an exception from the state's criminal laws for any physician to:
(I) Advise a patient whom the physician has diagnosed as having a debilitating medical condition, about the risks and benefits of medical use of marijuana or that he or she might benefit from the medical use of marijuana, provided that such advice is based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship; or
(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. No physician shall be denied any rights or privileges for the acts authorized by this subsection.
(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.
(3) The state health agency shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June 1, 1999.
(a) No person shall be permitted to gain access to any information about patients in the state health agency's confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency's confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card.
(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:
(I) The original or a copy of written documentation stating that the patient has been diagnosed with a debilitating medical condition and the physician's conclusion that the patient might benefit from the medical use of marijuana;
(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.
(c) Within thirty days of receiving the information referred to in subparagraphs (3) (b) (I)-(IV), the state health agency shall verify medical information contained in the patient's written documentation. The agency shall notify the applicant that his or her application for a registry identification card has been denied if the agency's review of such documentation discloses that: the information required pursuant to paragraph (3) (b) of this section has not been provided or has been falsified; the documentation fails to state that the patient has a debilitating medical condition specified in this section or by state health agency rule; or the physician does not have a license to practice medicine issued by the state of Colorado. Otherwise, not more than five days after verifying such information, the state health agency shall issue one serially numbered registry identification card to the patient, stating:
(I) The patient's name, address, date of birth, and social security number;
(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.
(d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved. Receipt shall be deemed to have occurred upon delivery to the state health agency, or deposit in the United States mails. Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A patient who is questioned by any state or local law enforcement official about his or her medical use of marijuana shall provide a copy of the application submitted to the state health agency, including the written documentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until such time as the patient receives notice that the application has been denied.
(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 caregiver 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.
(4) (a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient's medical use of marijuana, within the following limits, is lawful:
(I) No more than two ounces of a usable form of marijuana; and
(II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.
(b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's debilitating medical condition.
(5) (a) No patient shall:
(I) Engage in the medical use of marijuana in a way that endangers the health or well-being of any person; or
(II) Engage in the medical use of marijuana in plain view of, or in a place open to, the general public.
(b) In addition to any other penalties provided by law, the state health agency shall revoke for a period of one year the registry identification card of any patient found to have willfully violated the provisions of this section or the implementing legislation adopted by the general assembly.
(6) Notwithstanding paragraphs (2) (a) and (3) (d) of this section, no patient under eighteen years of age shall engage in the medical use of marijuana unless:
(a) Two physicians have diagnosed the patient as having a debilitating medical condition;
(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.
(7) Not later than March 1, 1999, the governor shall designate, by executive order, the state health agency as defined in paragraph (1) (g) of this section.
(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:
(a) Fraudulent representation of a medical condition by a patient to a physician, state health agency, or state or local law enforcement official for the purpose of falsely obtaining a registry identification card or avoiding arrest and prosecution;
(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.
(9) Not later than June 1, 1999, the state health agency shall develop and make available to residents of Colorado an application form for persons seeking to be listed on the confidential registry of patients. By such date, the state health agency shall also enact rules of administration, including but not limited to rules governing the establishment and confidentiality of the registry, the verification of medical information, the issuance and form of registry identification cards, communications with law enforcement officials about registry identification cards that have been suspended where a patient is no longer diagnosed as having a debilitating medical condition, and the manner in which the agency may consider adding debilitating medical conditions to the list provided in this section. Beginning June 1, 1999, the state health agency shall accept physician or patient initiated petitions to add debilitating medical conditions to the list provided in this section and, after such hearing as the state health agency deems appropriate, shall approve or deny such petitions within one hundred eighty days of submission. The decision to approve or deny a petition shall be considered a final agency action.
(10) (a) No governmental, private, or any other health insurance provider shall be required to be liable for any claim for reimbursement for the medical use of marijuana.
(b) Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place.
(11) 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 article V, section (1) (4), and shall apply to acts or offenses committed on or after that date.
Source: Initiated 2000: Entire section added, effective upon proclamation of the Governor, L. 2001, p. 2379, December 28, 2000.
Editor s note: This section was added by an initiated measure and numbered as section 14 as it appeared on the ballot, which leaves a gap between sections 12b and 14.
Section 1. Constitutional convention - how called. The general assembly may at any time by a vote of two-thirds of the members elected to each house, recommend to the electors of the state, to vote at the next general election for or against a convention to revise, alter and amend this constitution; and if a majority of those voting on the question shall declare in favor of such convention, the general assembly shall, at its next session, provide for the calling thereof. The number of members of the convention shall be twice that of the senate and they shall be elected in the same manner, at the same places, and in the same districts. The general assembly shall, in the act calling the convention, designate the day, hour and place of its meeting; fix the pay of its members and officers, and provide for the payment of the same, together with the necessary expenses of the convention. Before proceeding, the members shall take an oath to support the constitution of the United States, and of the state of Colorado, and to faithfully discharge their duties as members of the convention. The qualifications of members shall be the same as of members of the senate; and vacancies occurring shall be filled in the manner provided for filling vacancies in the general assembly. Said convention shall meet within three months after such election and prepare such revisions, alterations or amendments to the constitution as may be deemed necessary; which shall be submitted to the electors for their ratification or rejection at an election appointed by the convention for that purpose, not less than two nor more than six months after adjournment thereof; and unless so submitted and approved by a majority of the electors voting at the election, no such revision, alteration or amendment shall take effect.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 74.
Section 2. Amendments to constitution - how adopted. (1) Any amendment or amendments to this constitution may be proposed in either house of the general assembly, and, if the same shall be voted for by two-thirds of all the members elected to each house, such proposed amendment or amendments, together with the ayes and noes of each house thereon, shall be entered in full on their respective journals. The proposed amendment or amendments shall be published with the laws of that session of the general assembly. At the next general election for members of the general assembly, the said amendment or amendments shall be submitted to the registered electors of the state for their approval or rejection, and such as are approved by a majority of those voting thereon shall become part of this constitution.
(2) If more than one amendment be submitted at any general election, each of said amendments shall be voted upon separately and votes thereon cast shall be separately counted the same as though but one amendment was submitted; but each general assembly shall have no power to propose amendments to more than six articles 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.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 75. L. 1889: Entire section amended, p. 155. L. 79: Entire section amended, p. 1674, effective upon proclamation of the Governor, December 19, 1980. L. 94: (3) added, p. 2153, effective upon proclamation of the Governor, L. 95, p. 1428, January 19, 1995.
Cross references: For publication of proposed constitutional amendments and initiated and referred bills, see § 1 (7.5) of art. XXIII, Colo. Const.
Section 1. Incorporated. The municipal corporation known as the city of Denver and all municipal corporations and that part of the quasimunicipal corporation known as the county of Arapahoe, in the state of Colorado, included within the exterior boundaries of the said city of Denver as the same shall be bounded when this amendment takes effect, are hereby consolidated and are hereby declared to be a single body politic and corporate, by the name of the 'City and County of Denver'. By that name said corporation shall have perpetual succession, and shall own, possess, and hold all property, real and personal, theretofore owned, possessed, or held by the said city of Denver and by such included municipal corporations, and also all property, real and personal, theretofore owned, possessed, or held by the said county of Arapahoe, and shall assume, manage, and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities, and shall acquire all benefits and shall assume and pay all bonds, obligations, and indebtedness of said city of Denver and of said included municipal corporations and of the county of Arapahoe; by that name may sue and defend, plead and be impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold, and enjoy or sell and dispose of, real and personal property; may receive bequests, gifts, and donations of all kinds of property, in fee simple, or in trust for public, charitable, or other purposes; and do all things and acts necessary to carry out the purposes of such gifts, bequests, and donations, with power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, or trust; shall have the power, within or without its territorial limits, to construct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct, and operate water works, light plants, power plants, transportation systems, heating plants, and any other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefore, for the use of said city and county and the inhabitants thereof, and any such systems, plants, or works or ways, or any contracts in relation or connection with either, that may exist and which said city and county may desire to purchase, in whole or in part, the same or any part thereof may be purchased by said city and county which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the power to issue bonds upon the vote of the taxpaying electors, at any special or general election, in any amount necessary to carry out any of said powers or purposes, as may by the charter be provided.
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, § 1, effective upon proclamation of the Governor, December 20, 2002.)
(Paragraph deleted by amendment, L. 2002, p. 3097, § 1, effective upon proclamation of the Governor, December 20, 2002.)
(Paragraph deleted by amendment, L. 2002, p. 3097, § 1, effective upon proclamation of the Governor, 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.
Source: L. 01: Entire article added, p. 97. Initiated 74: Paragraphs 1-3 amended by the people, effective upon proclamation of the Governor, December 20, 1974. L. 74: Paragraphs 7-10 amended, p. 457, effective upon proclamation of the Governor, December 20, 1974. L. 2002: Paragraphs deleted, p. 3097, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: For the vote count on the 2002 referred measure amending this section, see L. 2003, p. 3629.
Cross references: For power to regulate rates and service charges of public utilities, see article XXV; for annexation of territory from one county to adjoining county, see § 3 of art. XIV, Colo. Const.; for officers of the city and county of Denver, see §§ 2 and 3 of this article; for the control of franchises and the power of taxation, see § 4 of this article; for amendment of charter or adoption of new charter, see § 5 of this article; for home rule for cities and towns and powers of home rule cities generally, see § 6 of this article; for statutory provisions relative to the city of Denver, see part 2 of article 11 of title 30; for regulation of public utilities, see § 6 of this article.
Section 2. Officers. The officers of the city and county of Denver shall be such as by appointment or election may be provided for by the charter; and the jurisdiction, term of office, duties and qualifications of all such officers shall be such as in the charter may be provided; but the charter shall designate the officers who shall, respectively, perform the acts and duties required of county officers to be done by the constitution or by the general law, as far as applicable. If any officer of said city and county of Denver shall receive any compensation whatever, he or she shall receive the same as a stated salary, the amount of which shall be fixed by the charter, or, in the case of officers not in the classified civil service, by ordinance within limits fixed by the charter; provided, however, no elected officer shall receive any increase or decrease in compensation under any ordinance passed during the term for which he was elected.
Source: L. 01: Entire article added, p. 99. L. 50: Entire entire section amended, see L. 51, p. 232. L. 2000: Entire section amended, p. 2778, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Cross references: For the abolition of all county offices and officers as such, see § 3 of this article.
Section 3. Establishment of government civil service regulations. Immediately upon the canvass of the vote showing the adoption of this amendment, it shall be the duty of the governor of the state to issue his proclamation accordingly. Every charter shall provide that the department of fire and police and the department of public utilities and works shall be under such civil service regulations as in said charter shall be provided.
Source: L. 01: Entire article added, p. 100. L. 2002: Entire section amended, p. 3099, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: For the vote count on the 2002 referred measure amending this section, see L. 2003, p. 3629.
Cross references: For the appointment of officers of the city and county of Denver to perform the acts and duties required of county officers, see § 2 of this article.
Section 4. First charter. (1) The people of the city and county of Denver are hereby vested with and they shall always have the exclusive power in making, altering, revising or amending their charter.
(2) and (3) (Deleted by referendum.)
(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.
Source: L. 01: Entire article added, p. 101. L. 84: Entire section amended, p. 1145, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985. L. 86: Entire section amended, p. 1239, effective upon proclamation of the Governor, L. 87, p. 1861, December 17, 1986. L. 2000: Entire section amended, p. 2778, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Section 5. New charters, amendments or measures. The citizens of the city and county of Denver shall have the exclusive power to amend their charter or to adopt a new charter, or to adopt any measure as herein provided; 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.
Source: L. 01: Entire article added, p. 103. L. 50: Entire section amended, see L. 51, p. 233.
Cross references: For procedure and requirements for adoption of a home rule charter by the qualified electors of each city and county, city, and town of the state, see § 9 of this article.
Section 6. Home rule for cities and towns. The people of each city or town of this state, having a population of two thousand inhabitants as determined by the last preceding census taken under the authority of the United States, the state of Colorado or said city or town, are hereby vested with, and they shall always have, power to make, amend, add to or replace the charter of said city or town, which shall be its organic law and extend to all its local and municipal matters. 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: a. The creation and terms of municipal officers, agencies and employments; the definition, regulation and alteration of the powers, duties, qualifications and terms or tenure of all municipal officers, agents and employees; 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 non-partisan 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. It is the intention of this article to grant and confirm to the people of all municipalities coming within its provisions the full right of self-government in both local and municipal matters and the enumeration herein of certain powers shall not be construed to deny such cities and towns, and to the people thereof, any right or power essential or proper to the full exercise of such right.
The statutes of the state of Colorado, so far as 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.
Source: L. 01: Entire article added, p. 104. Initiated 12: Entire section amended, see L. 13, p. 669, effective January 22, 1913.
Cross references: For power to regulate rates and service charges of public utilities in home rule cities, see article XXV; for limitation on appointment of outgoing officers, see § 24-50-402; for powers granted the city and county of Denver, see § 1 of this article; for amendment of charter or adoption of new charter, see § 5 of this article; for effect of conflicting constitutional provisions, see § 8 of this article.
Section 7. City and county of Denver single school district - consolidations. The city and county of Denver shall alone always constitute one school district, to be known as District No. 1, but its conduct, affairs and business shall be in the hands of a board of education consisting of such numbers, elected in such manner as the general school laws of the state shall provide, and until the first election under said laws of a full board of education which shall be had at the first election held after the adoption of this amendment, all the directors of school district No. 1, and the respective presidents of the school boards of school districts Nos. 2, 7, 17 and 21, at the time this amendment takes effect, shall act as such board of education, and all districts or special charters now existing are hereby abolished.
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.
Source: L. 01: Entire article added, p. 105. L. 12: Entire section amended.
Section 8. Conflicting constitutional provisions declared inapplicable. Anything in the constitution of this state in conflict or inconsistent with the provisions of this amendment is hereby declared to be inapplicable to the matters and things by this amendment covered and provided for.
Source: L. 01: Entire article added, p. 106.
Section 9. Procedure and requirements for adoption.
(1) Notwithstanding any provision in sections 4, 5, and 6 of this article to the contrary, the registered electors of each city and county, city, and town of the state are hereby vested with the power to adopt, amend, and repeal a home rule charter.
(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.
Source: L. 69: Entire section added, p. 1250, effective January 1, 1972. L. 84:
(1) and (2) amended, p. 1146, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985.
Cross references: For the power of the citizens of the city and county of Denver regarding new charters, amendments or measures, see § 5 of this article.
Section 10. City and county of Broomfield - created. The city of Broomfield is a preexisting municipal corporation and home rule city of the state of Colorado, physically situated in parts of Adams, Boulder, Jefferson, and Weld counties. On and after November 15, 2001, all territory in the municipal boundaries of the city of Broomfield shall be detached from the counties of Adams, Boulder, Jefferson, and Weld and shall be consolidated into a single county and municipal corporation with the name 'The City and County of Broomfield'. Prior to November 15, 2001, the city of Broomfield shall not extend its boundaries beyond the annexation boundary map approved by the Broomfield city council on April 28, 1998, as an amendment to the city of Broomfield 1995 master plan. The existing charter of the said city of Broomfield shall become the charter of the city and county of Broomfield.
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.
Source: L. 98: Entire section added, p. 2225, effective upon proclamation of the Governor, L. 99, p. 2269, December 30, 1998.
Section 11. Officers - city and county of Broomfield. The officers of the city and county of Broomfield shall be as provided for by its charter or ordinances. The jurisdiction, term of office, and duties of such officers shall commence on November 15, 2001. The qualifications and duties of all such officers shall be as provided for by the city and county charter and ordinances, but the ordinances shall designate the officers who shall perform the acts and duties required of county officers pursuant to this constitution or the general laws of the state of Colorado, as far as applicable. All compensation for elected officials shall be determined by ordinance and not by state statute. If any elected officer of the city and county of Broomfield shall receive any compensation, such officer shall receive the same as a stated salary, the amount of which shall be fixed by ordinance within limits fixed by the city and county charter or by resolution approving the city and county budget and paid in equal monthly payments. No elected officer shall receive any increase or decrease in compensation under any ordinance or resolution passed during the term for which such officer was elected.
Source: L. 98: Entire section added, p. 2227, effective upon proclamation of the Governor, L. 99, p. 2269, December 30, 1998.
Section 12. Transfer of government. Upon the canvass of the vote showing the adoption of the constitutional provisions creating and governing the city and county of Broomfield, the governor shall issue a proclamation accordingly, and, on and after November 15, 2001, the city of Broomfield and those parts of the counties of Adams, Boulder, Jefferson, and Weld included in the boundaries of said city shall be consolidated into the city and county of Broomfield. The duties and terms of office of all officers of Adams, Boulder, Jefferson, and Weld counties shall no longer be applicable to and shall terminate with regard to the city and county of Broomfield. On and after November 15, 2001, the terms of office of the mayor and city council of the city of Broomfield shall terminate with regard to the city of Broomfield and said mayor and city council shall become the mayor and city council of the city and county of Broomfield. The city council of the city and county of Broomfield, in addition to performing the duties prescribed in the city and county charter and ordinances, shall perform the duties of a board of county commissioners or may delegate certain duties to various boards and commissions appointed by the city council of the city and county of Broomfield. The city and county of Broomfield shall be a successor district of the city of Broomfield under section 20 of article X of this constitution. Any voter approval granted the city of Broomfield under section 20 of article X of this constitution prior to November 15, 2001, shall be considered voter approval under said section for the city and county of Broomfield. The city and county of Broomfield shall have the power to continue to impose and collect sales, use, and property taxes that were imposed by the city of Broomfield and the counties of Adams, Boulder, Jefferson, and Weld within the areas where said taxes were imposed on November 14, 2001, until the voters of the city and county of Broomfield approve uniform sales, use, and property taxes within the city and county of Broomfield or approve increased sales, use, or property taxes within the city and county of Broomfield. Any violation of any criminal statutes of the state of Colorado occurring on or before November 14, 2001, shall continue to be prosecuted within the county where the violation originally occurred.
Source: L. 98: Entire section added, p. 2228, effective upon proclamation of the Governor, L. 99, p. 2269, December 30, 1998.
Section 13. Sections self-executing - appropriations. Sections 10 through 13 of this article shall be in all respects self-executing and shall be construed so as to supersede any conflicting constitutional or statutory provision that would otherwise impede the creation of the city and county of Broomfield or limit any of the provisions of those sections. Except as otherwise provided in sections 10 through 13, said sections shall be effective on and after November 15, 2001. After the adoption of the constitutional provisions creating and governing the city and county of Broomfield, the general assembly may appropriate funds, if necessary, in cooperation with the city and county of Broomfield to implement these constitutional provisions at the state level.
Source: L. 98: Entire section added, p. 2228, effective upon proclamation of the Governor, L. 99, p. 2269, December 30, 1998.
Section 1. State officers may be recalled. Every elective public officer of the state of Colorado may be recalled from office at any time by the registered electors entitled to vote for a successor of such incumbent through the procedure and in the manner herein provided for, which procedure shall be known as the recall, and shall be in addition to and without excluding any other method of removal provided by law.
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.
Source: Initiated 12: Entire article added, effective January 22, 1913, see L. 13, p. 672. L. 84: Entire section amended, p. 1147, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985.
Section 2. Form of recall petition. Any recall petition may be circulated and signed in sections, provided each section shall contain a full and accurate copy of the title and text of the petition; and such recall 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.
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.
Source: Initiated 12: Entire article added, effective January 22, 1913, see L. 13, p. 673. L. 84: Entire section amended, p. 1148, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985.
Section 3. Resignation - filling vacancy. If such officer shall offer his resignation, it shall be accepted, and the vacancy caused by such resignation, or from any other cause, shall be filled as provided by law; but the person appointed to fill such vacancy shall hold his office only until the person elected at the recall election shall qualify. If such officer shall not resign within five days after the sufficiency of the recall petition shall have been sustained, the governor shall make or cause to be made publication of notice for the holding of such election, and officers charged by law with duties concerning elections shall make all arrangements for such election, and the same shall be conducted, returned and the result thereof declared in all respects as in the case of general elections. 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.
Source: Initiated 12: Entire article added, effective January 22, 1913, see L. 13, p. 674.
Section 4. Limitation - municipal corporations may adopt, when. No recall petition shall be circulated or filed against any officer until he has actually held his office for at least six months, save and except it may be filed against any member of the state legislature at any time after five days from the convening and organizing of the legislature after his election. 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 lieutenantgovernor; 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.
Source: Initiated 12: Entire article added, effective January 22, 1913, see L. 13, p. 676. L. 84: Entire section amended, p. 1149, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985. L. 88: Entire section amended, p. 1455, effective upon proclamation of the Governor, L. 89, p. 1660, January 3, 1989.
Cross references: For statutory provisions concerning recall of school district directors, see §§ 1-12-105 and 1-12-107; for recall of state and county officers, see article 12 of title 1; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of special district directors, see § 32-1-906.
Section 1. Repeal of intoxicating liquor laws. The manufacture, sale and distribution of all intoxicating liquors, wholly within the state of Colorado, shall, subject to the constitution and laws of the United States, be performed exclusively by or through such agencies and under such regulations as may hereafter be provided by statutory laws of the state of Colorado; but no such laws shall ever authorize the establishment or maintenance of any saloon.
Source: Initiated 14: Entire article added, see L. 15, p. 165. Initiated 32: Entire article amended, see L. 33, p. 390. L. 2000: Entire section amended, p. 2780, effective upon proclamation of the Governor, December 28, 2000.
Cross references: For statutory provisions regulating the manufacture and sale of intoxicating liquors, see article 47 of title 12.
Section 1. Publication of proposed constitutional amendments and initiated and referred bills. (Repealed)
Source: L. 17: Entire article added, p. 147. L. 94: Entire section repealed, p. 2852, effective upon proclamation of the Governor, L. 95 p. 1431, January 19, 1995.
Editor s note: This article was originally enacted in 1937. The substantive provisions were repealed and reenacted in 1957, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 37, pp. 881through 884.
Cross references: For current statutes under the social services code concerning the old age pension fund, see §§ 26-2-112 to 26-2-117; for statutory provisions concerning credits to the old age pension fund under the sales and use tax provisions, see §§ 39-26-123 and 39-26-126.
Section 1. Fund created. A fund to be known as the old age pension fund is hereby created and established in the treasury of the state of Colorado.
Source: Initiated 56: Entire article R&RE, effective January 1, 1957, see L. 57, p. 554.
Section 2. Moneys allocated to fund. There is hereby set aside, allocated and allotted to the old age pension fund sums and money as follows:
(a) Beginning January 1, 1957, eighty-five percent of all net revenue accrued or accruing, received or receivable from any and all excise taxes now or hereafter levied upon sales at retail, or any other purchase transaction; together with eighty-five percent of the net revenue derived from any excise taxes now or hereafter levied upon the storage, use, or consumption of any commodity or product; together with eighty-five percent of all license fees imposed by the provisions of sections 138-6-1 to 138-6-42, both inclusive, of Colorado Revised Statutes 1953, and amendments thereto; provided, however, that no part of the revenue derived from excise taxes now or hereafter levied, for highway purposes, upon gasoline or other motor fuel, shall be made a part of said old age pension fund.
(b) Beginning January 1, 1957, 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) All unexpended money in any fund of the state of Colorado, or political subdivision thereof, as of January 1, 1957, which prior to said date has been allocated to the payment of an old age pension.
(d) All grants in aid from the federal government for old age assistance.
(e) All inheritance taxes and incorporation fees appropriated under 101-2-2 to 101-2-4, both inclusive, Colorado Revised Statutes 1953, for old age pensions.
(f) Such other money as may be allocated to said fund by the general assembly.
Source: Initiated 56: Entire article R&RE, effective January 1, 1957, see L. 57, p. 554.
Editor s note: Sections 138-6-1 to 138-6-42, CRS 53 have been renumbered as 138-5-1 to 138-5-42 in C.R.S. 1963 and as 39-26-101 to 39-26-123, 39-26-125, and 39-26-201 to 39-26-210 in C.R.S. 1973 and sections 101-2-2 to 101-2-4, CRS 53 have been numbered as 101-2-2 to 101-2-4 in C.R.S. 1963 and these sections were repealed by L. 73, p. 1225, § 23. For funds allocated to the old age pension fund, see § 26-2-113.
Section 3. Persons entitled to receive pensions. From and after January 1, 1957, every citizen of the United States who has been a resident of the state of Colorado for such period as the general assembly may determine, who has attained the age of sixty years or more, and who qualifies under the laws of Colorado to receive a pension, shall be entitled to receive the same; provided, however, that no person otherwise qualified shall be denied a pension by reason of the fact that he is the owner of real estate occupied by him as a residence; nor for the reason that relatives may be financially able to contribute to his support and maintenance; nor shall any person be denied a pension for the reason that he owns personal property which by law is exempt from execution or attachment; nor shall any person be required, in order to receive a pension, to repay, or promise to repay, the state of Colorado any money paid to him as an old age pension.
Source: Initiated 56: Entire article R&RE, effective January 1, 1957, see L. 57, p. 555.
Cross references: For eligibility for public assistance in the form of old age pensions, see § 26-2-111.
Section 4. The state board of public welfare to administer fund.
The state board of public welfare, or such other agency as may be authorized by law to administer old age pensions, shall cause all moneys deposited in the old age pension fund to be paid out as directed by this article and as required by statutory provisions not inconsistent with the provisions hereof, after defraying the expense of administering the said fund.
Source: Initiated 56: Entire article R&RE, effective January 1, 1957, see L. 57, p. 555.
Cross references: For the state agency authorized to administer or supervise the administration of public assistance programs, see § 26-2-104.
Section 5. Revenues for old age pension fund continued. The excise tax on sales at retail, together with all license fees levied by the provisions of sections 138-6-1 to 138-6-42, both inclusive, Colorado Revised Statutes 1953, and amendments thereto, are hereby continued in full force and effect beyond the date on which said taxes and license fees would otherwise expire, and shall continue until repealed or amended; provided, however, that no law providing revenue for the old age pension fund shall be repealed, nor shall any such law be amended so as to reduce the revenue provided for the old age pension fund, except in the event that at the time of such repeal or amendment, revenue is provided for the old age pension fund in an amount at least equal to that provided by the measure amended or repealed during the calendar year immediately preceding the proposed amendment or repeal.
Source: Initiated 56: Entire article R&RE, effective January 1, 1957, see L. 57, p. 555.
Editor s note: Sections 138-6-1 to 138-6-42, CRS 53 have been renumbered as 138-5-1 to 138-5-42 in C.R.S. 1963, and as 39-26-101 to 39-26-123, 39-26-125, and 39-26-201 to 39-26-210 in C.R.S. 1973.
Section 6. Basic minimum award. (a) Beginning on the effective date of this article, every person entitled to and receiving an old age pension from the state of Colorado under any former law or constitutional provision shall be entitled to receive the basic minimum award hereinafter provided for, without being required to make a new application therefor, and such basic minimum award shall be paid each month thereafter, so long as he remains qualified, to each person receiving an old age pension at the time of the adoption of this article, and such basic minimum award shall likewise be paid to each person who hereafter becomes qualified to receive an old age pension; subject, however, to the provisions of this article relating to net income from other sources.
(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.
Source: Initiated 56: Entire article R&RE, effective January 1, 1957, see L. 57, p. 556.
Section 7. Stabilization fund and health and medical care fund.
(a) All the moneys deposited in the old age pension fund shall be first available for payment of basic minimum awards to qualified recipients, and no part of said fund shall be transferred to any other fund until such basic minimum awards shall have been paid.
(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 health and 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.
Source: Initiated 56: Entire article R&RE, effective January 1, 1957, see L. 57, p. 556.
Section 8. Fund to remain inviolate. All moneys deposited in the old age pension fund shall remain inviolate for the purpose for which created, and no part thereof shall be transferred to any other fund, or used or appropriated for any other purpose, except as provided for in this article.
Source: Initiated 56: Entire article R&RE, effective January 1, 1957, see L. 57, p. 557.
Section 9. Effective date. This article shall be in force and effect from and after January 1, 1957.
Source: Initiated 56: Entire article R&RE, effective January 1, 1957, see L. 57, p. 557.
In addition to the powers now vested in the General Assembly of the State of Colorado, all power to regulate the facilities, service and rates and charges therefor, including facilities and service and rates and charges therefor within home rule cities and home rule towns, of every corporation, individual, or association of individuals, wheresoever situate or operating within the State of Colorado, whether within or without a home rule city or home rule town, as a public utility, as presently or as may hereafter be defined as a public utility by the laws of the State of Colorado, is hereby vested in such agency of the State of Colorado as the General Assembly shall by law designate. 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.
Source: Added November 2, 1954. (See Laws 1955, p. 693.)
Cross references: For home rule cities and towns, see art. XX, Colo. Const.; for public utilities, see title 40.
Section 1. Nuclear detonations prohibited - exceptions. No nuclear explosive device may be detonated or placed in the ground for the purpose of detonation in this state except in accordance with this article.
Source: L. 74: Entire article added, effective upon proclamation of the Governor, December 20, 1974.
Section 2. Election required. Before the emplacement of any nuclear explosive device in the ground in this state, the detonation of that device shall first have been approved by the voters through enactment of an initiated or referred measure authorizing that detonation, such measure having been ordered, proposed, submitted to the voters, and approved as provided in section 1 of article V of this constitution.
Source: L. 74: Entire article added, effective upon proclamation of the Governor, December 20, 1974.
Section 3. Certification of indemnification required. Before the detonation or emplacement for the purpose of detonation of any nuclear explosive device, a competent state official or agency designated by the governor shall first have certified that sufficient and secure financial resources exist in the form of applicable insurance, self-insurance, indemnity bonds, indemnification agreements, or otherwise, without utilizing state funds, to compensate in full all parties that might foreseeably suffer damage to person or property from ground motion, ionizing radiation, other pollution, or other hazard attributable to such detonation. Damage is attributable to such detonation without regard to negligence and without regard to any concurrent or intervening cause.
Source: L. 74: Entire article added, effective upon proclamation of the Governor, December 20, 1974.
Section 4. Article self-executing. This article shall be in all respects self-executing; but, the general assembly may by law provide for its more effective enforcement and may by law also impose additional restrictions or conditions upon the emplacement or detonation of any nuclear explosive device.
Source: L. 74: Entire article added, effective upon proclamation of the Governor, December 20, 1974.
Section 5. Severability. If any provision of this article, or its application in any particular case, is held invalid, the remainder of the article and its application in all other cases shall remain unimpaired.
Source: L. 74: Entire article added, effective upon proclamation of the Governor, December 20, 1974.
Section 1. Great Outdoors Colorado Program. (1) The people of the State of Colorado intend that the net proceeds of every state-supervised lottery game operated under the authority of Article XVIII, Section 2 shall be guaranteed and permanently dedicated to the preservation, protection, enhancement and management of the state's wildlife, park, river, trail and open space heritage, except as specifically provided in this article. Accordingly, there shall be established the Great Outdoors Colorado Program to preserve, protect, enhance and manage the state's wildlife, park, river, trail and open space heritage. The Great Outdoors Colorado Program shall include:
(a) Wildlife program grants which:
(I) Develop wildlife watching opportunities;
(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;
(b) Outdoor recreation program grants which:
(I) Establish and improve state parks and recreation areas throughout the State of Colorado;
(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;
(c) A program to identify, acquire and manage unique open space and natural areas of statewide significance through grants to the Colorado Divisions of Parks and Outdoor Recreation and Wildlife, or municipalities, counties, or other political subdivision of the State, or non-profit land conservation organizations, and which will encourage cooperative investments by other public or private entities for these purposes; and
(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.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2169, January 14, 1993.
Section 2. Trust Fund created. A fund to be known as the Great Outdoors Colorado Trust Fund, referred to in this article as the 'Trust Fund,' is hereby created and established in the Treasury of the State of Colorado.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2170, January 14, 1993.
Section 3. Moneys allocated to Trust Fund. (1) Beginning with the proceeds from the fourth quarter of the State's Fiscal Year 1992-1993, all proceeds from all programs, including Lotto and every other state-supervised lottery game operated under the authority of Article XVIII, Section 2 of the Colorado Constitution, whether by the Colorado Lottery Commission or otherwise (such programs defined hereafter in this Article as 'Lottery Programs'), net of prizes and expenses of the state lottery division and after a sufficient amount of money has been reserved, as of the end of any fiscal quarter, to ensure the operation of the lottery for the ensuing fiscal quarter (such netted proceeds defined hereafter in this Article as 'Net Proceeds') are set aside, allocated, allotted, and continuously appropriated as follows, and the Treasurer shall distribute such proceeds no less frequently than quarterly, as follows:
(a) Repealed.
(b) For each quarter including and after the first quarter of the State's Fiscal Year 1998-1999:
(I) Forty percent to the Conservation Trust Fund for distribution to municipalities and counties and other eligible entities for parks, recreation and open space purposes;
(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.
(c) to (e) Repealed.
(2) From July 1, 1993, the following sums of money and property, in addition to Net Proceeds as set forth in Section 3(1) above, are set aside, allocated, allotted, and continuously appropriated in trust to the Board of the Trust Fund:
(a) All interest derived from moneys held in the Trust Fund;
(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.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2170, January 14, 1993. L. 2002: (1)(a) and (1)(c) to (1)(e) repealed, p. 3099, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: For the vote count on the 2002 referred measure repealing subsections (1)(a), (1)(c), (1)(d), and (1)(e), see L. 2003, p. 3629.
Section 4. Fund to remain inviolate. All moneys deposited in the Trust Fund shall remain in trust for the purposes set forth in this article, and no part thereof shall be used or appropriated for any other purpose, nor made subject to any other tax, charge, fee or restriction.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2172, January 14, 1993.
Section 5. Trust Fund expenditures. (1) (a) Expenditures from the Trust Fund shall be made in furtherance of the Great Outdoors Colorado Program, and shall commence in State Fiscal Year 1993-94. The Board of the Trust Fund shall have the duty to assure that expenditures are made for the purposes set forth in this section and in section 6, and that the amounts expended for each of the following purposes over a period of years be substantially equal:
(I) Investments in the wildlife resources of Colorado through the Colorado Division of Wildlife, including the protection and restoration of crucial wildlife habitats, appropriate programs for maintaining Colorado's diverse wildlife heritage, wildlife watching, and educational programs about wildlife and wildlife environment, consistent with the purposes set forth in
Section 1(1)(a) of this article;
(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 non-profit 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;
(b) Provided, however, that the State Board of the Great Outdoors Colorado Trust Fund shall have the discretion (a) to direct that any portion of available revenues be reinvested in the Trust Fund and not expended in any particular year, (b) to make other expenditures which it considers necessary and proper to the accomplishment of the purposes of this amendment.
(2) All funds provided to state agencies from the Trust Fund shall be deemed to be custodial in nature, and the expenditure of those funds shall not be subject to legislative appropriation or restriction.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2172, January 14, 1993.
Section 6. The State Board of the Great Outdoors Colorado Trust Fund. (1) There shall be established a State Board of the Great Outdoors Colorado Trust Fund. The Board shall consist of two members of the public from each congressional district, a representative designated by the State Board of Parks and Outdoor Recreation, a representative designated by the Colorado Wildlife Commission, and the Executive Director of the Department of Natural Resources. The public members of the Board shall be appointed by the Governor, subject to the consent of the Senate, for terms of four years - provided, however, that when the first such members are appointed, one of the public members from each congressional district shall be appointed for a twoyear term, to assure staggered terms of office thereafter. At least two members shall reside west of the Continental Divide. At least one member shall represent agricultural interests. The public members of the board shall be entitled to a reasonable per diem compensation to be determined by the Board plus their actual expenses for each meeting of the Board or a committee of the Board. The Board's composition shall reflect, to the extent practical, Colorado's gender, ethnic and racial diversity, and no two of the representatives of any one congressional district shall be members of the same political party. Members of the Board shall be subject to removal as provided in Article IV, Section 6 of this constitution.
(2) The Board shall be responsible for, and shall have the power to undertake the following actions:
(a) To direct the Treasurer to disburse expendable income from the Trust Fund as the Board may determine by resolution, and otherwise to administer the Trust Fund, provided, however, that the Board shall not have the power to acquire any interest in real property other than (I) temporarily to hold real property donated to it and (II) to acquire leased office space;
(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.
(3) The Board shall be a political subdivision of the state, and shall have all the duties, privileges, immunities, rights, liabilities and disabilities of a political subdivision of the state, provided, however, that its organization, powers, revenues and expenses shall not be affected by any order or resolution of the general assembly, except as provided in this constitution. It shall not be an agency of state government, nor shall it be subject to administrative direction by any department, commission, board, bureau or agency of the state, except to the extent provided in this constitution. The Board shall be subject to annual audit by the state auditor, whose report shall be a public document. The Board shall adopt rules permitting public access to its meetings and records which are no less restrictive than state laws applicable to state agencies, as such laws may be amended from time to time. The Board members, officers and directors of the Board shall have no personal liability for any actions or refusal to act by the Board as long as such action or refusal to act did not involve willful or intentional malfeasance or gross negligence.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2173, January 14, 1993.
Section 7. No effect on Colorado water law. Nothing in this article shall affect in any way whatsoever any of the provisions under Article XVI of the State Constitution of Colorado, including those provisions related to water, nor any of the statutory provisions related to the appropriation of water in Colorado.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2175, January 14, 1993.
Section 8. No substitution allowed. The people intend that the allocation of lottery funds required by this article of the constitution be in addition to and not a substitute for funds otherwise appropriated from the General Assembly to the Colorado Department of Natural Resources and its divisions.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2175, January 14, 1993.
Section 9. Eminent domain. No moneys received by any state agency pursuant to this article shall be used to acquire real property by condemnation through the power of eminent domain.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2175, January 14, 1993.
Section 10. Payment in lieu of taxes. Any acquisitions of real property made by a state agency pursuant to this article shall be subject to payments in lieu of taxes to counties in which said acquisitions are made. Such payments shall be made from moneys made available by the Trust Fund, and shall not exceed the rate of taxation for comparable property classifications.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2175, January 14, 1993.
Section 11. Effective date. This article shall become effective upon proclamation by the governor, and shall be self-implementing. This article shall apply to each distribution of net proceeds from the programs operated under the authority of Article XVIII, Section 2 of the Colorado Constitution, whether by the Colorado Lottery Commission or otherwise, made after July 1, 1993 and shall supersede any provision to the contrary in Article XVIII, Section 2 or any other provision of law.
Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2175, January 14, 1993.
Editor s note: (1) Subsection (4) of section 1 of article V of the state constitution provides that initiated and referred measures shall take effect from and after the official declaration of the vote thereon by the proclamation of the Governor. The Governor's proclamation was issued on December 20, 2002. However, section 13 of the measure enacting this article provides that the effective date of article XXVIII is December 6, 2002, and applies to all elections thereafter.
(2) For the vote count on the 2002 initiated measure enacting this article, see L. 2003, p. 3627.
Section 1. Purpose and findings. The people of the state of Colorado hereby find and declare that large campaign contributions to political candidates create the potential for corruption and the appearance of corruption; that large campaign contributions made to influence election outcomes allow wealthy individuals, corporations, and special interest groups to exercise a disproportionate level of influence over the political process; that the rising costs of campaigning for political office prevent qualified citizens from running for political office; that because of the use of early voting in Colorado timely notice of independent expenditures is essential for informing the electorate; that in recent years the advent of significant spending on electioneering communications, as defined herein, has frustrated the purpose of existing campaign finance requirements; that independent research has demonstrated that the vast majority of televised electioneering communications goes beyond issue discussion to express electoral advocacy; that political contributions from corporate treasuries are not an indication of popular support for the corporation's political ideas and can unfairly influence the outcome of Colorado elections; and that the interests of the public are best served by limiting campaign contributions, encouraging voluntary campaign spending limits, providing for full and timely disclosure of campaign contributions, independent expenditures, and funding of electioneering communications, and strong enforcement of campaign finance requirements.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3615. For the effective date of this article, see the editor's note following the article heading.
Section 2. Definitions. For the purpose of this article and any statutory provisions pertaining to campaign finance, including provisions pertaining to disclosure:
(1) 'Appropriate officer' means the individual with whom a candidate, candidate committee, political committee, small donor committee, or issue committee must file pursuant to section 1-45-109 (1), C.R.S., or any successor section.
(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.
(5) (a) 'Contribution' means:
(I) The payment, loan, pledge, gift, or advance of money, or guarantee of a loan, made to any candidate committee, issue committee, political committee, small donor committee, or political party;
(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) 'Contribution' does not include services provided without compensation by individuals volunteering their time on behalf of a candidate, candidate committee, political committee, small donor committee, issue committee, or political party; a 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 by a corporation or labor organization for the costs of establishing, administering, and soliciting funds from its own employees or members for a political committee or small donor committee.
(6) 'Election cycle' means either:
(a) The period of time beginning thirty-one days following a general election for the particular office and ending thirty days following the next general election for that office;
(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.
(7) (a) 'Electioneering communication' means any communication broadcasted by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences or otherwise distributed that:
(I) Unambiguously refers to any candidate; and
(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.
(b) 'Electioneering communication' does not include:
(I) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by a candidate or political party;
(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.
(8) (a) 'Expenditure' means any purchase, payment, distribution, loan, advance, deposit, or gift of money by any person for the purpose of expressly advocating the election or defeat of a candidate or supporting or opposing a ballot issue or ballot question. An expenditure is made when the actual spending occurs or when there is a contractual agreement requiring such spending and the amount is determined.
(b) 'Expenditure' does not include:
(I) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by a candidate or political party;
(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) (a) 'Issue committee' means any person, other than a natural person, or any group of two or more persons, including natural persons:
(I) That has a major purpose of supporting or opposing any ballot issue or ballot question; or
(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.
(b) 'Issue committee' does not include political parties, political committees, small donor committees, or candidate committees as otherwise defined in this section.
(c) An issue committee shall be considered open and active until affirmatively closed by such committee or by action of the appropriate authority.
(11) 'Person' means any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons.
(12) (a) 'Political committee' means any person, other than a natural person, or any group of two or more persons, including natural persons that have accepted or made contributions or expenditures in excess of $200 to support or oppose the nomination or election of one or more candidates.
(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:
(I) All political committees established, financed, maintained, or controlled by a single corporation or its subsidiaries;
(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.
(13) 'Political party' means any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. 'Political party' includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7.
(14) (a) 'Small donor committee' means any political committee that has accepted contributions only from natural persons who each contributed no more than fifty dollars in the aggregate per year. For purposes of this section, dues transferred by a membership organization to a small donor committee sponsored by such organization shall be treated as pro-rata contributions from individual members.
(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:
(I) All small donor committees established, financed, maintained, or controlled by a single corporation or its subsidiaries;
(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 and national 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.
(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.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3615. For the effective date of this article, see the editor's note following the article heading.
Section 3. Contribution limits.(1) Except as described in subsections
(2), (3), and (4) of this section, no person, including a political committee, shall make to a candidate committee, and no candidate committee shall accept from any one person, aggregate contributions for a primary or a general election in excess of the following amounts:
(a) Five hundred dollars to any one:
(I) Governor candidate committee for the primary election, and governor and lieutenant governor candidate committee, as joint candidates under 1-1-104, C.R.S., or any successor section, for the general election;
(II) Secretary of state, state treasurer, or attorney general candidate committee; and
(b) Two hundred dollars to any one state senate, state house of representatives, state board of education, regent of the university of Colorado, or district attorney candidate committee.
(2) No small donor committee shall make to a candidate committee, and no candidate committee shall accept from any one small donor committee, aggregate contributions for a primary or a general election in excess of the following amounts:
(a) Five thousand dollars to any one:
(I) Governor candidate committee for the primary election, and governor and lieutenant governor candidate committee, as joint candidates under 1-1-104, C.R.S., or any successor section, for the general election;
(II) Secretary of state, state treasurer, or attorney general candidate committee; and
(b) Two thousand dollars to any one state senate, state house of representatives, state board of education, regent of the university of Colorado, or district attorney candidate committee.
(3) (a) No political party shall accept aggregate contributions from any person, other than a small donor committee as described in paragraph (b) of this subsection (3), that exceed three thousand dollars per year at the state, county, district, and local level combined, and of such amount no more than twenty-five hundred dollars per year at the state level;
(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);
(4) (a) It shall be unlawful for a corporation or labor organization to make contributions to a candidate committee or a political party, and to make expenditures expressly advocating the election or defeat of a candidate; except that a corporation or labor organization may establish a political committee or small donor committee which may accept contributions or dues from employees, officeholders, shareholders, or members.
(b) The prohibition contained in paragraph (a) of this subsection (4) shall not apply to a corporation that:
(I) Is formed for the purpose of promoting political ideas and cannot engage in business activities; and
(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.
(5) No political committee shall accept aggregate contributions or prorata dues from any person in excess of five hundred dollars per house of representatives election cycle.
(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 onehundred 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:
(a) Any natural person who is not a citizen of the United States;
(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.
(13) Each limit on contributions described in subsections (1), (2), (3)
(a), (3) (b) and (5) of this section, and subsection (14) of section 2, 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.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3619. For the effective date of this article, see the editor's note following the article heading.
Section 4. Voluntary campaign spending limits. (1) Candidates may certify to the secretary of state that the candidate's candidate committee shall not exceed the following spending limits for the applicable election cycle:
(a) Two and one-half million dollars combined for a candidate for governor and governor and lieutenant governor as joint candidates under 1-1- 104, C.R.S., or any successor section;
(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.
(2) Candidates accepting the campaign spending limits set forth above shall also agree that their personal contributions to their own campaign shall be counted as political party contributions and subject to the aggregate limit on such contributions set forth in section 3 of this article.
(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:
(a) Another candidate in the race for the same office has not accepted the voluntary spending limit; and
(b) The non-accepting candidate has raised more than ten percent of the applicable voluntary spending limit.
(6) Only those candidates who have agreed to abide by the applicable voluntary spending limit may advertise their compliance. All other candidates are prohibited from advertising, or in any way implying, their acceptance of voluntary spending limits.
(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.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3622. For the effective date of this article, see the editor's note following the article heading.
Section 5. Independent expenditures. (1) Any person making an independent expenditure in excess of one thousand dollars per calendar year shall deliver notice in writing to the secretary of state of such independent expenditure, as well as the amount of such expenditure, and a detailed description of the use of such independent expenditure. The notice shall specifically state the name of the candidate whom the independent expenditure is intended to support or oppose. Each independent expenditure in excess of one-thousand dollars shall require the delivery of a new notice. Any person making an independent expenditure within thirty days of a primary or general election shall deliver such notice within forty-eight hours after obligating funds for such expenditure.
(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.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3623. For the effective date of this article, see the editor's note following the article heading.
Section 6. Electioneering communications. (1) Any person who expends one thousand dollars or more per calendar year on electioneering communications shall submit reports to the secretary of state in accordance with the schedule currently set forth in 1-45-108 (2), C.R.S., or any successor section. Such reports shall include spending on such electioneering communications, and the name, and address, of any person that contributes more than two hundred and fifty dollars per year to such person described in this section for an electioneering communication. In the case where the person is a natural person, such reports shall also include the occupation and employer of such natural person. The last such report shall be filed thirty days after the applicable election.
(2) Notwithstanding any section to the contrary, it shall be unlawful for a corporation or labor organization to provide funding for an electioneering communication; except that any political committee or small donor committee established by such corporation or labor organization may provide funding for an electioneering communication.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3623. For the effective date of this article, see the editor's note following the article heading.
Section 7. Disclosure. The disclosure requirements relevant to candidate committees, political committees, issue committees, and political parties, that are currently set forth in section 1-45-108, C.R.S., or any successor section, shall be extended to include small donor committees. The disclosure requirements of section 1-45-108, C.R.S., or any successor section, shall be extended to require disclosure of the occupation and employer of each person who has made a contribution of one hundred dollars or more to a candidate committee, political committee, issue committee, or political party. For purposes of this section and 1-45-108, C.R.S., or any successor section, a political party shall be treated as separate entities at the state, county, district, and local levels.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3624. For the effective date of this article, see the editor's note following the article heading.
Section 8. Filing - where to file - timeliness. The secretary of state shall promulgate rules relating to filing in accordance with article 4 of title 24, C.R.S., or any successor section. The rules promulgated pursuant to this section shall extend section 1- 45-109, C.R.S., or any successor section to apply to small donor committees.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3624. For the effective date of this article, see the editor's note following the article heading.
Section 9. Duties of the secretary of state - enforcement. (1) The secretary of state shall:
(a) Prepare forms and instructions to assist candidates and the public in complying with the reporting requirements of this article and make such forms and instructions available to the public, municipal clerks, and county clerk and recorders free of charge;
(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.
(2) (a) Any person who believes that a violation of section 3, section 4, section 5, section 6, section 7, or section 9 (1) (e), of this article, or of sections 1-45-108, 1-45-114, 1-45-115, or 1-45-117 C.R.S., or any successor sections, has occurred may file a written complaint with the secretary of state no later than one hundred eighty days after the date of the alleged violation. The secretary of state shall refer the complaint to an administrative law judge within three days of the filing of the complaint. The administrative law judge shall hold a hearing within fifteen days of the referral of the complaint, and shall render a decision within fifteen days of the hearing. The defendant shall be granted an extension of up to thirty days upon defendant's motion, or longer upon a showing of good cause. If the administrative law judge determines that such violation has occurred, such decision shall include any appropriate order, sanction, or relief authorized by this article.
The decision of the administrative law judge shall be final and subject to review by the court of appeals, pursuant to section 24-4-106 (11), C.R.S., or any successor section. The secretary of state and the administrative law judge are not necessary parties to the review. The decision maybe enforced by the secretary of state, or, if the secretary of state does not file an enforcement action within thirty days of the decision, in a private cause of action by the person filing the complaint. Any private action brought under this section shall be brought within one year of the date of the violation in state district court. The prevailing party in a private enforcement action shall be entitled to reasonable attorneys fees and costs.
(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.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3624. For the effective date of this article, see the editor's note following the article heading.
Editor s note: In subsection (1) of this section, it appears that the fourth paragraph should have been lettered as paragraph (d) instead of (c). However the original document filed with the Secretary of State contains the lettering reflected in this section.
Section 10. Sanctions. (1) Any person who violates any provision of this article relating to contribution or voluntary spending limits shall be subject to a civil penalty of at least double and up to five times the amount contributed, received, or spent in violation of the applicable provision of this article. Candidates shall be personally liable for penalties imposed upon the candidate's committee.
(2) (a) The appropriate officer shall impose a penalty of fifty dollars per day for each day that a statement or other information required to be filed pursuant to section 5, section 6, or section 7 of this article, or sections 1-45-108, 1-45-109 or 1-45-110, C.R.S., or any successor sections, is not filed by the close of business on the day due. Upon imposition of a penalty pursuant to this subsection (2), the appropriate officer shall send the person upon whom the penalty is being imposed proper notification by certified mail of the imposition of the penalty. If an electronic mail address is on file with the secretary of state, the secretary of state shall also provide such notification by electronic mail. Revenues collected from fees and penalties assessed by the secretary of state or revenues collected in the form of payment of the secretary of state's attorney fees and costs pursuant to this article shall be deposited in the department of state cash fund created in section 24-21-104 (3), C.R.S., or any successor section.
(b) (I) Any person required to file a report with the secretary of state and upon whom a penalty has been imposed pursuant to this subsection (2) may appeal such penalty by filing a written appeal with the secretary of state no later than thirty days after the date on which notification of the imposition of the penalty was mailed to such person's last known address in accordance with paragraph (a) of this subsection (2). Except as provided in paragraph (c) of this subsection (2), the secretary shall refer the appeal to an administrative law judge. Any hearing conducted by an administrative law judge pursuant to this subsection (2) shall be conducted in accordance with the provisions of section 24-4-105, C.R.S., or any successor section. The administrative law judge shall set aside or reduce the penalty upon a showing of good cause, and the person filing the appeal shall bear the burden of proof. The decision of the administrative law judge shall be final and subject to review by the court of appeals pursuant to section 24-4-106 (11), C.R.S., or any successor section.
(II) If the administrative law judge finds that the filing of an appeal brought pursuant to subparagraph (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.
(c) Upon receipt by the secretary of state of an appeal pursuant to paragraph (b) of this subsection (2), the secretary shall set aside or reduce the penalty upon a showing of good cause.
(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.
(3) Failure to comply with the provisions of this article shall have no effect on the validity of any election.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3626. For the effective date of this article, see the editor's note following the article heading.
Section 11. Conflicting provisions declared inapplicable. Any provisions in the statutes of this state in conflict or inconsistent with this article are hereby declared to be inapplicable to the matters covered and provided for in this article.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3627. For the effective date of this article, see the editor's note following the article heading.
Section 12. Repeal of conflicting statutory provisions. Sections 1- 45-103, 1-45-105.3, 1-45-107, 1-45-111, and 1-45-113 are repealed.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3627. For the effective date of this article, see the editor's note following the article heading.
Section 13. APPLICABILITY AND EFFECTIVE DATE. The provisions of this article shall take effect on December 6, 2002 and be applicable for all elections thereafter. Legislation may be enacted to facilitate its operations, but in no way limiting or restricting the provisions of this article or the powers herein granted.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3627. For the effective date of this article, see the editor's note following the article heading.
Section 14. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
Source: L. Initiated 2002: Entire article added, L. 2003, p. 3627. For the effective date of this article, see the editor's note following the article heading.
That no inconvenience may arise by reason of the change in the form of government, it is hereby ordained and declared:
Section 1. All laws remain till repealed. That all laws in force at the adoption of this constitution shall, so far as not inconsistent therewith, remain of the same force as if this constitution had not been adopted, until they expire by their own limitation or are altered or repealed by the general assembly; and all rights, actions, prosecutions, claims and contracts of the territory of Colorado, counties, individuals or bodies corporate (not inconsistent therewith) shall continue as if the form of government had not been changed and this constitution adopted.
Section 2. Contracts - recognizances - indictments. That all recognizances, obligations and all other instruments entered into or executed before the admission of the state, to the territory of Colorado, or to any county, school district or other municipality therein, or any officer thereof, and all fines, taxes, penalties and forfeitures due or owing to the territory of Colorado, or any such county, school district or municipality, or officer; and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the change of the form of government. All indictments which shall have been found, or may hereafter be found, and all informations which shall have been filed, or may hereafter be filed, for any crime or offense committed before this constitution takes effect, may be proceeded upon as if no change had taken place, except as otherwise provided in the constitution.
Cross references: See the preceding section and the notes thereto.
Section 3. Territorial property vests in state. That all property, real and personal, and all moneys, credits, claims and choses in action, belonging to the territory of Colorado at the adoption of this constitution, shall be vested in and become the property of the state of Colorado.
Section 4. Duty of general assembly. The general assembly shall pass all laws necessary to carry into effect the provisions of this constitution.
Section 5. Supreme and district courts - transition. Whenever any two of the judges of the supreme court of the state elected or appointed under the provisions of this constitution shall have qualified in their office, the causes theretofore pending in the supreme court of the territory, and the papers, records and proceedings of said court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the supreme court of the state; and until so superseded the supreme court of the territory and the judges thereof shall continue with like powers and jurisdiction as if this constitution had not been adopted. Whenever the judge of the district court of any district elected or appointed under the provisions of this constitution, shall have qualified in his office, the several causes theretofore pending in the district court of the territory, within any county in such district, and the records, papers and proceedings of said district court, and the seal and other property pertaining thereto shall pass into the jurisdiction and possession of the district court of the state, for such county, and until the district courts of the territory shall be superseded in manner aforesaid, the said district courts and the judges thereof shall continue with the same jurisdiction and powers to be exercised in the same judicial districts respectively as heretofore constituted under the laws of the territory.
Section 6. Judges - district attorneys - term commence on filing oath. The terms of office of the several judges of the supreme and district courts and the district attorneys of the several judicial districts first elected under this constitution, shall commence from the day of filing their respective oaths of office in the office of the secretary of state.
Section 7. Seals of supreme and district courts. Until otherwise provided by law, the seals now in use in the supreme and district courts of this territory are hereby declared to be the seals of the supreme and district courts respectively of the state.
Section 8. Probate court - county court. Whenever this constitution shall go into effect, the books, records, papers and proceedings of the probate court in each county, and all causes and matters of administration pending therein, shall pass into the jurisdiction and possession of the county court of the same county, and the said county court shall proceed to final decree or judgment, order or other determination, in the said several matters and causes, as the said probate court might have done if this constitution had not been adopted. And until the election of the county judges provided for in this constitution, the probate judges shall act as judges of the county courts within their respective counties, and the seal of the probate court in each county shall be the seal of the county court therein until the said court shall have procured a proper seal.
Section 9. Terms probate court, probate judge, apply to county court, county judge. The terms 'Probate Court' or 'Probate Judge', whenever occurring in the statutes of Colorado territory, shall, after the adoption of this constitution, be held to apply to the county court or county judge, and all laws specially applicable to the probate court in any county, shall be construed to apply to and be in force as to the county court in the same county, until repealed.
Section 10. County and precinct officers. All county and precinct officers, who may be in office at the time of the adoption of this constitution, shall hold their respective offices for the full time for which they may have been elected, and until such time as their successors may be elected and qualified in accordance with the provisions of this constitution, and the official bonds of all such officers shall continue in full force and effect as though this constitution had not been adopted.
Section 11. Vacancies in county offices. All county offices that may become vacant during the year eighteen hundred and seventy-six by the expiration of the term of the persons elected to said offices, shall be filled at the general election on the first Tuesday in October in the year eighteen hundred and seventy-six, and, except county commissioners, the persons so elected shall hold their respective offices for the term of one year.
Section 12. Constitution takes effect on president's proclamation.
The provisions of this constitution shall be in force from the day on which the president of the United States shall issue his proclamation declaring the state of Colorado admitted into the Union; and the governor, secretary, treasurer, auditor and superintendent of public instruction of the territory of Colorado shall continue to discharge the duties of their respective offices after the admission of the state into the Union, until the qualification of the officers elected or appointed under the state government; and said officers, for the time they may serve, shall receive the same compensation as the state officers shall by law be paid for like services.
Editor s note: The proclamation declaring the state of Colorado admitted into the United States of America was signed by President Ulysses S. Grant on August 1, 1876. See General Laws of Colorado, November 1877, pages 85 and 86.
Section 13. First election, contest. In case of a contest of election between candidates, at the first general election under this constitution, for judges of the supreme, district or county courts, or district attorneys, the evidence shall be taken in the manner prescribed by territorial law; and the testimony so taken shall be certified to the secretary of state, and said officer, together with the governor and attorney-general, shall review the testimony and determine who is entitled to the certificate of election.
Section 14. First election - canvass. The votes at the first general election under this constitution for the several officers provided for in this constitution who are to be elected at the first election shall be canvassed in the manner prescribed by the territorial law for canvassing votes for like officers.
The votes cast for the judges of the supreme and district courts and district attorneys shall be canvassed by the county canvassing board in the manner prescribed by the territorial law for canvassing the votes for members of the general assembly; and the county clerk shall transmit the abstracts of votes to the secretary of the territory acting as secretary of state, under the same regulations as are prescribed by law for sending the abstracts of votes for territorial officers; and the aforesaid acting secretary of state, auditor, treasurer, or any two of them, in the presence of the governor, shall proceed to canvass the votes, under the regulations of sections thirty-five and thirty-six of chapter twenty-eight of the Revised Statutes of Colorado Territory.
Section 15. Senators - representatives - districts. Senators and members of the house of representatives shall be chosen by the qualified electors of the several senatorial and representative districts as established in this constitution until such districts shall be changed by law; and thereafter by the qualified electors of the several districts as the same shall be established by law.
Section 16. Congressional election - canvass. The votes cast for representatives in congress at the first election held under this constitution shall be canvassed and the result determined in the manner provided by the laws of the territory for the canvass of votes for delegate in congress.
Section 17. General assembly, first session - restrictions removed.
The provision of the constitution that no bill, except the general appropriation bill introduced in either house after the first twenty-five days of the session shall become a law, shall not apply to the first session of the general assembly; but no bill introduced in either house at the first session of the general assembly after the first fifty days thereof shall become a law.
Section 18. First general election - canvass. A copy of the abstracts of the votes cast at the first general election held under this constitution shall by the county clerks of the several counties be returned to the secretary of the territory immediately after the canvass of said votes in their several counties; and the secretary, auditor and treasurer of the territory, or any two of them, shall on the twenty-fifth day after the election, meet at the seat of government and proceed to canvass the votes cast for members of the general assembly and determine the result thereof.
Section 19. Presidential electors, 1876. The general assembly shall, at their first session, immediately after the organization of the two houses and after the canvass of the votes for officers of the executive department, and before proceeding to other business, provide by act or joint resolution for the appointment by said general assembly of electors in the electoral college, and such joint resolution or the bill for such enactment may be passed without being printed or referred to any committee, or read on more than one day in either house, and shall take effect immediately after the concurrence of the two houses therein, and the approval of the governor thereto shall not be necessary.
Section 20. Presidential electors after 1876. The general assembly shall provide that after the year eighteen hundred and seventy-six the electors of the electoral college shall be chosen by direct vote of the people. 219
Section 21. Expenses of convention. The general assembly shall have power at their first session to provide for the payment of the expenses of this convention if any there be then remaining unpaid.
Section 22. Recognizances, bonds, payable to people continue. All recognizances, bail bonds, official bonds and other obligations or undertakings, which have been, or at any time before the admission of the state shall be made or entered into, and expressed to be payable to the people of the territory of Colorado, shall continue in full force notwithstanding the change in the form of government, and any breach thereof, whenever occurring, may after the admission of the state be prosecuted, in the name of the people of the state.
Done in Convention at the city of Denver, Colorado, this fourteenth day of March in the year of our Lord one thousand eight hundred and seventy-six, and of the Independence of the United States the one hundredth.
In Witness Whereof, we have hereunto subscribed our names.
J. C. WILSON, President.
H. P. H. BROMWELL, WM. R. KENNEDY,
CASIMIRO BARELA, WM. LEE,
GEORGE BOYLES, ALVIN MARSH,
W. E. BECK, WM. H. MEYER,
BYRON L. CARR, S. J. PLUMB,
WM. H. CUSHMAN, GEO. PEASE,
WILLIAM M. CLARK, ROBERT A. QUILLIAN,
A. D. COOPER, LEWIS C. ROCKWELL,
HENRY R. CROSBY, WILBUR F. STONE,
ROBERT DOUGLAS, WILLIAM C. STOVER,
LEWIS C. ELLSWORTH, HENRY C. THATCHER,
CLARENCE P. ELDER, AGAPITO VIGIL,
F. J. EBERT, W. W. WEBSTER,
WILLARD B. FELTON, GEORGE G. WHITE,
JESUS Ma GARCIA, EBENEZER T. WELLS,
DANIEL HURD, P. P. WILCOX,
JOHN S. HOUGH, JOHN S. WHEELER,
LAFAYETTE HEAD, J. W. WIDERFIELD,
WM. H. JAMES, ABRAM KNOX YOUNT.
Attest:
W. W. COULSON, Secretary.
HERBERT STANLEY, 1st Assistant Secretary.
H. A. TERPENNING, 2nd Assistant Secretary.
H. P. H. BROMWELL, WM. R. KENNEDY,
CASIMIRO BARELA, WM. LEE,
GEORGE BOYLES, ALVIN MARSH,
W. E. BECK, WM. H. MEYER,
BYRON L. CARR, S. J. PLUMB,
WM. H. CUSHMAN, GEO. PEASE,
WILLIAM M. CLARK, ROBERT A. QUILLIAN,
A. D. COOPER, LEWIS C. ROCKWELL,
HENRY R. CROSBY, WILBUR F. STONE,
ROBERT DOUGLAS, WILLIAM C. STOVER,
LEWIS C. ELLSWORTH, HENRY C. THATCHER,
CLARENCE P. ELDER, AGAPITO VIGIL,
F. J. EBERT, W. W. WEBSTER,
WILLARD B. FELTON, GEORGE G. WHITE,
JESUS Ma GARCIA, EBENEZER T. WELLS,
DANIEL HURD, P. P. WILCOX,
JOHN S. HOUGH, JOHN S. WHEELER,
LAFAYETTE HEAD, J. W. WIDERFIELD,
WM. H. JAMES, ABRAM KNOX YOUNT.
Attest:
W. W. COULSON, Secretary.
HERBERT STANLEY, 1st Assistant Secretary.
H. A. TERPENNING, 2nd Assistant Secretary.
