ARTICLE PREAMBLE
We, the people of Colorado, with profound reverence for the Supreme Ruler of the Universe, in order to form a more independent and perfect government; establish justice; insure tranquility; provide for the common defense; promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the 'State of Colorado'.
Boundaries
The boundaries of the state of Colorado shall be as follows:
Commencing on the thirty-seventh parallel of north latitude, where the twentyfifth meridian of longitude west from Washington crosses the same; thence north, on said meridian, to the forty-first parallel of north latitude; thence along said parallel, west, to the thirty-second meridian of longitude west from Washington; thence south, on said meridian, to the thirty-seventh parallel of north latitude; thence along said thirty-seventh parallel of north latitude to the place of beginning.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 28.
Editor s note: As a result of a survey that was performed in the 1800's, the actual boundaries of the state of Colorado differ from the legal description of the boundaries in Article I of the state constitution. However, the United States Supreme Court held in New Mexico v. Colorado, 267 U.S. 30, 45 S. Ct. 202, 69 L.Ed. 499 (1925) that the boundary line marked by a surveyor in the 1800's will not be disturbed on the theory that it does not coincide with the 37th parallel of north latitude described as the common boundary under Acts of Congress and the state's constitutions.
Bill of Rights
Law reviews: For article, 'A New or Revised Constitution of Colorado', see 11 Dicta 303 (1934); for article, 'Criminal Procedure in Colorado - A Summary, and Recommendations for Improvement', see 22 Rocky Mt. L. Rev. 221 (1950); for article, 'Constitutional Law', which discusses recent Tenth Circuit decisions dealing with questions of constitutional law, see 63 Den. U. L. Rev. 247 (1986); for article, 'Constitutional Law', which discusses recent Tenth Circuit decisions dealing with standards applied to constitutional law, see 65 Den. U. L. Rev. 499 (1988); for a discussion of recent Tenth Circuit decisions dealing with constitutional law, see 66 Den. U. L. Rev. 695 (1989); for a discussion of recent Tenth Circuit decisions dealing with constitutional laws, see 67 Den. U. L. Rev. 653 (1990).
In order to assert our rights, acknowledge our duties, and proclaim the principles upon which our government is founded, we declare:
Section 1. Vestment of political power. All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 28.
Section 2. People may alter or abolish form of government - proviso. The people of this state have the sole and exclusive right of governing themselves, as a free, sovereign and independent state; and to alter and abolish their constitution and form of government whenever they may deem it necessary to their safety and happiness, provided, such change be not repugnant to the constitution of the United States.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 29.
Section 3. Inalienable rights. All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 29.
Cross references: For the guarantee of judicial process for protection of inalienable rights, see § 25 of this article.
Section 4. Religious freedom. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever hereafter be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his opinions concerning religion; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness or justify practices inconsistent with the good order, peace or safety of the state. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination against his consent. Nor shall any preference be given by law to any religious denomination or mode of worship.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 29.
Cross references: For separation of church and state in education, see §§ 7 and 8 of art. IX, Colo. Const.
Section 5. Freedom of elections. All elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 29.
Cross references: For suffrage and elections, see art. VII, Colo. Const.
Section 6. Equality of justice. Courts of justice shall be open to every person, and a speedy remedy afforded for every injury to person, property or character; and right and justice should be administered without sale, denial or delay.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 29.
Cross references: For rights of a defendant in criminal prosecutions, see § 16 of this article; for limitation for commencing criminal proceedings, see § 16-5-401; for deferred prosecution, see § 18-1.3-101.
Section 7. Security of person and property - searches - seizures - warrants. The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 29.
Cross references: For warrant upon felony complaint, see Crim. P. 4; for warrant upon misdemeanor complaint, see Crim. P. 4.1; for issuance of arrest warrant without information or complaint, see § 16-3-108; for search warrants, see § 16-3-301 et seq.; for arrest warrant issued upon an indictment, information, or complaint, see §§ 16- 5-205(2) and 16-5-205(3); for suppression of evidence unlawfully seized, see Crim. P. 41.
Section 8. Prosecutions - indictment or information. Until otherwise provided by law, no person shall, for a felony, be proceeded against criminally otherwise than by indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. In all other cases, offenses shall be prosecuted criminally by indictment or information.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 29.
Cross references: For prosecution by indictment or information, see Crim. P. 6 to 8 as well as § 16-5-201 et seq.
Section 9. Treason - estates of suicides. Treason against the state can consist only in levying war against it or in adhering to its enemies, giving them aid and comfort; no person can be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his confession in open court; no person can be attainted of treason or felony by the general assembly; no conviction can work corruption of blood or forfeiture of estate; the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Editor s note: Compare Commonwealth of Pennsylvania v. Nelson, 350 U.S. 497, 100 L. Ed. 640, 76 S. Ct. 477 (affirming Commonwealth of Pennsylvania v. Nelson, 377 Pa. 58, 104 A.2d 133 whereby the enforceability of a state anti-sedition act was successfully resisted as superseded by federal intervention into the field by the Smith Act which proscribed the same conduct as did the state act); and Uphaus v. Wyman, 360 U.S. 72, 79 S. Ct. 1040, 3 L. Ed. 2d 1090 (1959) (Distinguishing Commonwealth of Pennsylvania v. Nelson, 350 U.S. 497, 76 S. Ct. 477, 100 L. Ed. 640 (1956) on the state's right to require the production of corporate papers of a state-chartered corporation pursuant to legislative investigation to determine if state policy concerning seditionary activities had been violated, not impaired by the Smith Act.).
Section 10. Freedom of speech and press. No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Cross references: For statutory provision concerning truth as a defense or mitigating factor in a defamation action, see § 13-25-125; for a privilege of nondisclosure of news information by newspersons, see § 13-90-119; for provisions relating to governmental access to news information, see article 72.5 of title 24; for freedom of press for students in public schools, see § 22-1-120; for what constitutes criminal libel, see § 18-13-105.
Section 11. Ex post facto laws. No ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges, franchises or immunities, shall be passed by the general assembly.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Cross references: For retrospective laws, see also § 12 of article XV.
Section 12. No imprisonment for debt. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors in such manner as shall be prescribed by law, or in cases of tort or where there is a strong presumption of fraud.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Section 13. Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Section 14. Taking private property for private use. Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and except for reservoirs, drains, flumes or ditches on or across the lands of others, for agricultural, mining, milling, domestic or sanitary purposes.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Cross references: For compensation for taking of private property under this section, see § 15 of this article; for eminent domain, see § 38-1-101 et seq.
Section 15. Taking property for public use - compensation, how ascertained. Private property shall not be taken or damaged, for public or private use, without just compensation. Such compensation shall be ascertained by a board of commissioners, of not less than three freeholders, or by a jury, when required by the owner of the property, in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Cross references: (1) For judicial aspects of the question of necessity when property is to be taken under this section for public or quasi-public purposes, see: Rothwell v. Coffin, 122 Colo. 140, 220 P.2d 1063 (1950); Pine Martin Mining Co. v. Empire Zinc Co., 90 Colo. 529, 11 P.2d 221 (1932); Jennings v. Bd. of Com. Montrose Co., 85 Colo. 498, 277 P. 467 (1929); Haver v. Matonock, 75 Colo. 301, 225 P. 834 (1924); Colo. & Utah Coal Co. v. Walter, 75 Colo. 489, 226 P. 864 (1924); Schneider v. Platteville, 75 Colo. 589, 227 P. 548 (1924); Wassenich v. City & County of Denver, 67 Colo. 456, 186 P. 533 (1919); Lavelle v. Town of Julesburg, 49 Colo. 290, 112 P. 774 (1910); Kirkwood v. School Dist. Summit County, 45 Colo. 368, 101 P. 343 (1909); Schneider v. Schneider, 36 Colo. 518, 86 P. 347 (1906); Union Pac. R. R. v. Colo. Postal Telegraph Co., 30 Colo. 133, 69 P. 594 (1902); Gibson v. Cann, 28 Colo. 499, 66 P. 879 (1901); Warner v. Town of Gunnison, 2 Colo. App. 430, 31 P. 238 (1892). (Compare: Town of Eaton v. Bouslog, 133 Colo. 130, 292 P.2d 343 (1956) and Otero Irr. Dist. v. Enderud, 122 Colo. 136, 220 P.2d 862 (1950); also Crystal Park Co. v. Maston, 27 Colo. App. 74, 146 P. 566 (1915); Thompson v. DeWeese-Dye Ditch Co., 25 Colo. 243, 53 P. 507 (1898); Seidler v. Seely, 8 Colo. App. 499, 46 P. 848 (1896); Sand Creek Lateral Irrigation v. Davis, 17 Colo. 326, 29 P. 742 (1892).)
(2) For jurisdiction of federal court, when (properly) invoked, see County of Allegheny v. Frank Mashuda Company, 360 U.S. 185, 79 S. Ct. 1060, 3 L. Ed. 2d 1163 (1959) and Louisiana Power and Light Company v. City of Thibodaux, 360 U.S. 25, 79 S. Ct. 1070, 3 L. Ed. 2d 1058 (1959).
(3) For taking of private property for private use, see § 14 of this article; for deprivation of property without due process of law, see § 25 of this article; for eminent domain, see § 38-1-101 et seq.
Section 16. Criminal prosecutions - rights of defendant. In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 31.
Editor s note: In a United States supreme court case (Escobedo v. State of Illinois, 378 U.S. 478, 84 S. Ct. 1758, 12 L. Ed. 2d 977 (1964)) the court held that 'where the investigation is no longer a matter of general inquiry into an unsolved crime, but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to incriminating statements, the suspect has requested and been denied an opportunity to consult with his lawyer and the police have not effectively warned him of his absolute constitutional right to remain silent' such suspect had been denied his constitutional rights and his confession was not admissible.
In Washington v. People, 158 Colo. 115, 405 P.2d 735 (1965), the Colorado supreme court held the Escobedo case did not apply where accused made a voluntary confession to a friend prior to police interrogation as the Escobedo case was concerned with police tactics during interrogation.
In Ruark v. People, 158 Colo. 110, 405 P.2d 751 (1965), the Colorado supreme court held the Escobedo case did not apply restrospectively to entitle one to relief in case that had been previously decided.
Cross references: For duty of court to inform an accused of his right to counsel and the nature of the charges against him, see Crim. P. 11(b) and 11(c), as well as § 16-7-207; for accused's right to compel attendance of witnesses, see § 16-9-101; for dismissal of criminal case for failure to bring to trial within time period, see Crim. P. 48(b); for self-incrimination and double jeopardy, see § 18 of this article; for right to trial by jury in criminal cases, see § 23 of this article; for due process in criminal proceedings, see § 25 of this article.
Section 16a. Rights of crime victims. Any person who is a victim of a criminal act, or such person's designee, legal guardian, or surviving immediate family members if such person is deceased, shall have the right to be heard when relevant, informed, and present at all critical stages of the criminal justice process. All terminology, including the term 'critical stages', shall be defined by the general assembly.
Source: L. 91: Entire section added, p. 2031, effective upon proclamation of the Governor, L. 93, p. 2155, January 14, 1993.
Cross references: For statutory provisions relating to victims' rights set out in this section, see §§24-4.1-302.5, 24-4.1-303, and 24-31-106.
Section 17. Imprisonment of witnesses - depositions - form. No person shall be imprisoned for the purpose of securing his testimony in any case longer than may be necessary in order to take his deposition. If he can give security he shall be discharged; if he cannot give security his deposition shall be taken by some judge of the supreme, district or county court, at the earliest time he can attend, at some convenient place by him appointed for that purpose, of which time and place the accused and the attorney prosecuting for the people shall have reasonable notice. The accused shall have the right to appear in person and by counsel. If he has no counsel, the judge shall assign him one in his behalf only. On the completion of such examination the witness shall be discharged on his own recognizance, entered into before said judge, but such deposition shall not be used if in the opinion of the court the personal attendance of the witness might be procured by the prosecution, or is procured by the accused. No exception shall be taken to such deposition as to matters of form.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 31.
Cross references: For right to compel attendance of witnesses at trial, see § 16-9-101; for summoning witnesses from outside the state, see § 16-9-202.
Section 18. Crimes - evidence against one's self - jeopardy. No person shall be compelled to testify against himself in a criminal case nor shall any person be twice put in jeopardy for the same offense. If the jury disagree, or if the judgment be arrested after the verdict, or if the judgment be reversed for error in law, the accused shall not be deemed to have been in jeopardy.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 31.
Editor s note: (1) Compare Kirschwing v. Farrar, 114 Colo. 421, 166 P.2d 154 (1946) (civil case, blood test obtained while unconscious); Lewis v. People, 115 Colo. 435, 174 P.2d 736 (1946) (civil case, void telephone company identification); Hanlon v. Woodhouse, 113 Colo. 504, 160 P.2d 998 (1945) (civil case).
(2) For successive indictments and trials in federal and state courts on the same offense, compare Malloy v. Hogan, 378 U.S. 1, 12 L. Ed, 653, 84 S. Ct. 1489
(1964) (referee investigation); Escobedo v. Illinois, 378 U.S. 478, 12 L. Ed. 997, 84 S. Ct. 1758 (1964) (right to counsel upon request on time investigation), and Bartkus v. People, 359 U.S. 121, 79 S. Ct. 676, 3 L. Ed. 2d 684 (1959); and, as to double jeopardy between cumulative state and federal courts, see Miles v. State of Louisiana, 360 U.S. 230, 79 S. Ct. 980, 3 L. Ed. 2d 1193 (1959); Knapp v. Schweitzer, 357 U.S. 371, 78 S. Ct. 1302, 2 L. Ed. 2d 1393, and Feldman v. United States, 322 U.S. 487, 64 S. Ct. 1082, 88 L. Ed. 1408.
Cross references: For when prosecution is barred by former proceedings, see § 18-1-301 et seq.
Section 19. Right to bail - exceptions. (1) All persons shall be bailable by sufficient sureties pending disposition of charges except:
(a) For capital offenses when proof is evident or presumption is great; or
(b) When, after a hearing held within ninety-six hours of arrest and upon reasonable notice, the court finds that proof is evident or presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail and such person is accused in any of the following cases:
(I) A crime of violence, as may be defined by the general assembly, alleged to have been committed while on probation or parole resulting from the conviction of a crime of violence;
(II) A crime of violence, as may be defined by the general assembly, alleged to have been committed while on bail pending the disposition of a previous crime of violence charge for which probable cause has been found;
(III) A crime of violence, as may be defined by the general assembly, alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately brought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony; or
(c) (Deleted by amendment.)
(2) Except in the case of a capital offense, if a person is denied bail under this section, the trial of the person shall be commenced not more than ninety days after the date on which bail is denied. If the trial is not commenced within ninety days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of the bail for the person.
(2.5) (a) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by statute as enacted by the general assembly; except that no bail is allowed for persons convicted of:
(I) Murder;
(II) Any felony sexual assault involving the use of a deadly weapon;
(III) Any felony sexual assault committed against a child who is under fifteen years of age;
(IV) A crime of violence, as defined by statute enacted by the general assembly; or
(V) Any felony during the commission of which the person used a firearm.
(b) The court shall not set bail that is otherwise allowed pursuant to this subsection (2.5) unless the court finds that:
(I) The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and
(II) The appeal is not frivolous or is not pursued for the purpose of delay.
(3) This section shall take effect January 1, 1995, and shall apply to offenses committed on or after said date.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 31. L. 82: Entire section R&RE, p. 685, effective January 1, 1983. L. 94: Entire section amended, p. 2853, effective upon proclamation of the Governor, L. 95, p. 1434, January 1, 1995.
Cross references: For determination of amount of bail, see Crim. P. 46 and § 16-4-101 et seq.; for prohibition against excessive bail, see § 20 of this article.
Section 20. Excessive bail, fines or punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Cross references: For right to bail and exceptions thereto, see § 19 of this article; for determination of the amount of bail, see Crim. P. 46 and § 16-4-101 et seq.
Section 21. Suspension of habeas corpus. The privilege of the writ of habeas corpus shall never be suspended, unless when in case of rebellion or invasion, the public safety may require it.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Cross references: For provisions regulating the granting of a writ of habeas corpus, see § 13-45-101 et seq.
Section 22. Military subject to civil power - quartering of troops.
The military shall always be in strict subordination to the civil power; no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Section 23. Trial by jury - grand jury. The right of trial by jury shall remain inviolate in criminal cases; but a jury in civil cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve persons, as may be prescribed by law. Hereafter a grand jury shall consist of twelve persons, any nine of whom concurring may find an indictment; provided, the general assembly may change, regulate or abolish the grand jury system; and provided, further, the right of any person to serve on any jury shall not be denied or abridged on account of sex, and the general assembly may provide by law for the exemption from jury service of persons or classes of persons.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32. L. 43: Entire section amended, see L. 45, p. 424.
Cross references: For the right to trial by impartial jury in criminal prosecutions, see § 16 of this article; for right of trial by jury, see § 16-10-101; for the duty of the court to inform defendant of his right to a jury trial, see Crim. P. 5(a)(2)(VII) and § 16-7-207(1)(f) and (2)(c); for waiver of jury trial, see Crim. P. 23 and C.R.C.P. 38 and 39; for witnesses before grand jury, see § 16-5-204; for summoning grand jurors, see Crim. P. 6.
Section 24. Right to assemble and petition. The people have the right peaceably to assemble for the common good, and to apply to those invested with the powers of government for redress of grievances, by petition or remonstrance.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Section 25. Due process of law. No person shall be deprived of life, liberty or property, without due process of law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Cross references: For inalienable rights, see § 3 of this article; for equality of justice, see § 6 of this article; for rights reserved to the people, see § 28 of this article; for the power of the general assembly to classify persons in order to attain purposes within police power, see § 25 of art. V, Colo. Const.; for taking of property by eminent domain proceedings, see § 38-1-101 et seq.; for searches and seizures, see § 7 of this article; for rights of defendant in criminal prosecutions, see § 16 of this article; for self-incrimination and jeopardy, see § 18 of this article; for the admissibility of laboratory test results, see § 16-3-309.
Section 26. Slavery prohibited. There shall never be in this state either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Section 27. Property rights of aliens. Aliens, who are or may hereafter become bona fide residents of this state, may acquire, inherit, possess, enjoy and dispose of property, real and personal, as native born citizens.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Section 28. Rights reserved not disparaged. The enumeration in this constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Section 29. Equality of the sexes. Equality of rights under the law shall not be denied or abridged by the state of Colorado or any of its political subdivisions on account of sex.
Source: L. 72: Entire section added, p. 647, effective upon proclamation by the Governor, January 11, 1973.
Section 30. Right to vote or petition on annexation - enclaves.
(1) No unincorporated area may be annexed to a municipality unless one of the following conditions first has been met:
(a) The question of annexation has been submitted to the vote of the landowners and the registered electors in the area proposed to be annexed, and the majority of such persons voting on the question have voted for the annexation; or
(b) The annexing municipality has received a petition for the annexation of such area signed by persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets, and alleys and any land owned by the annexing municipality; or
(c) The area is entirely surrounded by or is solely owned by the annexing municipality.
(2) The provisions of this section shall not apply to annexations to the city and county of Denver, to the extent that such annexations are governed by other provisions of the constitution.
(3) The general assembly may provide by law for procedures necessary to implement this section. This section shall take effect upon completion of the canvass of votes taken thereon.
Source: Initiated 80: Entire section added, effective upon proclamation of the Governor, L. 81, p. 2055, December 19, 1980.
Section 30a. Official language. The English language is the official language of the State of Colorado. This section is self executing; however, the General Assembly may enact laws to implement this section.
Source: Initiated 88: Entire section added, effective upon proclamation of the Governor, L. 89, p. 1663, January 3, 1989.
Editor s note: Although this section was numbered as section 30 and did not contain a headnote as it appeared on the ballot, for ease in location it has been numbered as 'Section 30a', and a headnote has been added.
Section 30b. No Protected Status Based on Homosexual, Lesbian or Bisexual Orientation. Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Constitution shall be in all respects self-executing.
Source: Initiated 92: Entire section added, see L. 93, p. 2164.
Editor s note: (1) Although this section was numbered as section 30 as it appeared on the ballot, for ease of location it has been numbered as section 30b.
(2) In the case Evans v. Romer, Denver District Court found this section unconstitutional and permanently enjoined its enforcement. (see Evans v. Romer, 854 P.2d 1270 (Colo. 1993)) The Colorado Supreme Court affirmed the district court's ruling (see Evans v. Romer, 882 P.2d 1335 (Colo. 1994)) and the United States Supreme Court affirmed the Colorado Supreme Court's ruling. (517 U.S. 620, 116 S.Ct. 1620, 134 L.Ed.2d 855 (1996)).
Source: L. 54: Entire article added, see L. 57, p. 693.
The powers of the government of this state are divided into three distinct departments,--the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Cross references: For power of general assembly to enact measures, and power of people to institute initiative and referendum, see § 1 of art. V, Colo. Const.; for prohibition against delegating legislative power to special commissions or private corporations, see § 35 of art. V, Colo. Const.; for exercise of legislative powers by home rule cities, see § 6 of art. XX, Colo. Const.
Section 1. Officers - terms of office. (1) The executive department shall include the governor, lieutenant governor, secretary of state, state treasurer, and attorney general, each of whom shall hold his office for the term of four years, commencing on the second Tuesday of January in the year 1967, and each fourth year thereafter. They shall perform such duties as are prescribed by this constitution or by law.
(2) In order to broaden the opportunities for public service and to guard against excessive concentrations of power, no governor, lieutenant governor, secretary of state, state treasurer, or attorney general shall serve more than two consecutive terms in such office. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1991. Any person who succeeds to the office of governor or is appointed or elected to fill a vacancy in one of the other offices named in this section, and who serves at least one-half of a term of office, shall be considered to have served a term in that office for purposes of this subsection (2). Terms are considered consecutive unless they are at least four years apart.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 33. L. 56: Entire section amended, see L. 57, p. 792. L. 64: Entire section amended, p. 837. Initiated 90: Entire section amended, effective upon proclamation of the Governor, L. 91, p. 2035, January 3, 1991.
Cross references: For the governor, see § 24-20-101 et seq.; for the secretary of state, see § 24-21-101 et seq.; for the state treasurer see § 24-22-101 et seq.; for the powers and duties of the attorney general, see § 24-31-101.
Section 2. Governor supreme executive. The supreme executive power of the state shall be vested in the governor, who shall take care that the laws be faithfully executed.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 33.
Section 3. State officers - election - returns. The officers named in section one of this article shall be chosen on the day of the general election, by the registered electors of the state. The governor and the lieutenant governor shall be chosen jointly by the casting by each voter of a single vote applicable to both offices. The returns of every election for said officers shall be sealed up and transmitted to the secretary of state, directed to the speaker of the house of representatives, who shall immediately, upon the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of the members of both houses of the general assembly, who shall for that purpose assemble in the house of representatives. The joint candidates having the highest number of votes cast for governor and lieutenant governor, and the person having the highest number of votes for any other office, shall be declared duly elected, but if two or more have an equal and the highest number of votes for the same office or offices, one of them, or any two for whom joint votes were cast for governor and lieutenant governor respectively, shall be chosen thereto by the two houses, on joint ballot. Contested elections for the said offices shall be determined by the two houses, on joint ballot, in such manner as may be prescribed by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 33. L. 67: Entire section amended, p. 1083. L. 84: Entire section amended, p. 1143, effective upon proclamation of the Governor, L. 85, p. 1791, January 14, 1985.
Cross references: For provisions regulating elections, see § 1-1-101 et seq.
Section 4. Qualifications of state officers. No person shall be eligible to the office of governor or lieutenant governor unless he shall have attained the age of thirty years, nor to the office of secretary of state or state treasurer unless he shall have attained the age of twenty-five years, nor to the office of attorney general unless he shall have attained the age of twenty-five years and be a licensed attorney of the supreme court of the state in good standing, and no person shall be eligible to any one of said offices unless, in addition to the qualifications above prescribed therefor, he shall be a citizen of the United States, and have resided within the limits of the state two years next preceding his election.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 33. L. 64: Entire section amended, p. 837.
Section 5. Governor commander-in-chief of militia. The governor shall be commander-in-chief of the military forces of the state, except when they shall be called into actual service of the United States. He shall have power to call out the militia to execute the laws, suppress insurrection or repel invasion.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 34.
Section 6. Appointment of officers - vacancy. (1) The governor shall nominate, and, by and with the consent of the senate, appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for, and may remove any such officer for incompetency, neglect of duty, or malfeasance in office. If the vacancy occurs in any such office while the senate is not in session, the governor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate when he shall nominate and, by and with the consent of the senate, appoint some fit person to fill such office.
(2) If the office of state treasurer, secretary of state, or attorney general shall be vacated by death, resignation, or otherwise, the governor shall nominate and, by and with the consent of the senate, appoint a successor. The appointee shall hold the office until his successor shall be elected and qualified in such manner as may be provided by law. If the vacancy occurs in any such office while the senate is not in session, the governor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate, when he shall nominate and, by and with the consent of the senate, appoint some fit person to fill such office.
(3) The senate in deliberating upon executive nominations may sit with closed doors, but in acting upon nominations they shall sit with open doors, and the vote shall be taken by ayes and noes, which shall be entered upon the journal.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 34. L. 64: Entire section amended, p. 838. L. 74: Entire section amended, p. 445, effective January 1, 1975.
Cross references: For removal of officers by impeachment or for misconduct, see art. XIII, Colo. Const.
Section 7. Governor may grant reprieves and pardons. The governor shall have power to grant reprieves, commutations and pardons after conviction, for all offenses except treason, and except in case of impeachment, subject to such regulations as may be prescribed by law relative to the manner of applying for pardons, but he shall in every case where he may exercise this power, send to the general assembly at its first session thereafter, a transcript of the petition, all proceedings, and the reasons for his action.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 34.
Cross references: For governor's right to commute sentence, see § 16-17-101 et seq.
Section 8. Governor may require information from officers - message. The governor may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices, which information shall be given upon oath whenever so required; he may also require information in writing at any time, under oath, from all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices and institutions. The governor shall, at the commencement of each session, and from time to time, by message, give to the general assembly information of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall also send to the general assembly a statement, with vouchers, of the expenditures of all moneys belonging to the state and paid out by him. He shall, also, at the commencement of each session, present estimates of the amount of money required to be raised by taxation for all purposes of the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 34.
Section 9. Governor may convene legislature or senate. The governor may, on extraordinary occasions convene the general assembly, by proclamation, stating therein the purpose for which it is to assemble; but at such special session no business shall be transacted other than that specially named in the proclamation. He may by proclamation, convene the senate in extraordinary session for the transaction of executive business.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 35.
Section 10. Governor may adjourn legislature. The governor, in case of a disagreement between the two houses as to the time of adjournment, may upon the same being certified to him by the house last moving adjournment, adjourn the general assembly to a day not later than the first day of the next regular session.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 35.
Section 11. Bills presented to governor - veto - return. Every bill passed by the general assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If then two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members elected to that house, it shall become a law, notwithstanding the objections of the governor. In all such cases the vote of each house shall be determined by ayes and noes, to be entered upon the journal. If any bill shall not be returned by the governor within ten days after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the general assembly shall by their adjournment prevent its return, in which case it shall be filed with his objections in the office of the secretary of state, within thirty days after such adjournment, or else become a law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 35.
Cross references: For passage of bills, see §§ 1 and 19 of article V; for computation of time in civil actions, see C.R.C.P. 6.
Section 12. Governor may veto items in appropriation bills - reconsideration. The governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be law, and the item or items disapproved shall be void, unless enacted in manner following: If the general assembly be in session, he shall transmit to the house in which the bill originated a copy of the item or items thereof disapproved, together with his objections thereto, and the items objected to shall be separately reconsidered, and each item shall then take the same course as is prescribed for the passage of bills over the executive veto.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 36.
Section 13. Succession to the office of governor and lieutenant governor. (1) In the case of the death, impeachment, conviction of a felony, or resignation of the governor, the office of governor shall be vacant and the lieutenant governor shall take the oath of office and shall become governor.
(2) Whenever there is a vacancy in the office of the lieutenant governor, because of death, impeachment, conviction of a felony, or resignation, the governor shall nominate a lieutenant governor who shall take office upon confirmation by a majority vote of both houses of the general assembly. If the person nominated is a member of the general assembly, he may take the oath of office of lieutenant governor, and the legislative seat to which he was elected shall be vacant and filled in the manner prescribed by law pursuant to section 2 of article V of this constitution.
(3) In the event that the governor-elect fails to assume the office of governor because of death, resignation, or conviction of a felony, or refuses to take the oath of office, the lieutenant governor-elect shall take the oath of office and shall become governor on the second Tuesday in January in accordance with the provisions of section 1 of article IV of this constitution. In the event the lieutenant governor-elect fails to assume the office of lieutenant governor because of death, resignation, or conviction of a felony, or refuses to take the oath of office, the governor-elect upon taking office shall nominate a lieutenant governor who shall take the oath of office upon confirmation by a majority vote of both houses of the general assembly. If the person nominated is a member of the general assembly, he may take the oath of office of lieutenant governor, and the legislative seat to which he was elected shall be vacant and filled in the manner prescribed by law pursuant to section 2 of article V of this constitution.
(4) In the event the lieutenant governor or lieutenant governor-elect accedes to the office of governor because of a vacancy in said office for any of the causes enumerated in subsections (1) and (3) of this section, the office of lieutenant governor shall be vacant. Upon taking office, the new governor shall nominate a lieutenant governor who shall take the oath of office upon confirmation by a majority vote of both houses of the general assembly. If the person nominated is a member of the general assembly, he may take the oath of office of lieutenant governor, and the legislative seat to which he was elected shall be vacant and filled in the manner prescribed by law pursuant to section 2 of article V of this constitution.
(5) In the event the governor or lieutenant governor, or governor-elect or lieutenant governor-elect, at the time either of the latter is to take the oath of office, is absent from the state or is suffering from a physical or mental disability, the powers and duties of the office of governor and the office of lieutenant governor shall, until the absence or disability ceases, temporarily devolve upon the lieutenant governor, in the case of the governor, and, in the case of the lieutenant governor, upon the first named member of the general assembly listed in subsection (7) of this section who is affiliated with the same political party as the lieutenant governor; except that if the lieutenant governor and none of said members of the general assembly are affiliated with the same political party, the temporary vacancy in the office of lieutenant governor shall be filled by the first named member in said subsection (7). In the event that the offices of both the governor and lieutenant governor are vacant at the same time for any of the reasons enumerated in this subsection (5), the successors to fill the vacancy in the office of governor and in the office of lieutenant governor shall be, respectively, the first and second named members of the general assembly listed in subsection (7) of this section who are affiliated with the same political party as the governor; except that if the governor and none of said members of the general assembly are affiliated with the same political party, the vacancy in the office of governor and the vacancy in the office of lieutenant governor, respectively, shall be filled by the first and second named members in said subsection (7). The pro rata salary of the governor or lieutenant governor shall be paid to his successor for as long as he serves in such capacity, during which time he shall receive no other salary from the state.
(6) The governor or governor-elect, lieutenant governor or lieutenant governor-elect, or person acting as governor or lieutenant governor may transmit to the president of the senate and the speaker of the house of representatives his written declaration that he suffers from a physical or mental disability and he is unable to properly discharge the powers and duties of the office of governor or lieutenant governor. In the event no such written declaration has been made, his physical or mental disability shall be determined by a majority of the supreme court after a hearing held pursuant to a joint request submitted by joint resolution adopted by two-thirds of all members of each house of the general assembly. Such determination shall be final and conclusive. The supreme court, upon its own initiative, shall determine if and when such disability ceases.
(7) In the event that the offices of both the governor and lieutenant governor are vacant at the same time for any of the reasons enumerated in subsections (1), (2), and (3) of this section, the successor to fill the vacancy in the office of governor shall be the first named of the following members of the general assembly who is affiliated with the same political party as the governor: President of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives; except that if the governor and none of said members of the general assembly are affiliated with the same political party, the vacancy shall be filled by one such member in the order of precedence listed in this subsection (7). The member filling the vacancy pursuant to this subsection (7) shall take the oath of office of governor and shall become governor. The office of lieutenant governor shall be filled in the same manner as prescribed in subsection (3) of this section when the lieutenant governor-elect fails to assume the office of lieutenant governor.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 36. L. 74: Entire section R&RE, p. 446, effective January 1, 1975.
Section 14. Lieutenant governor president of senate. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 36. L. 74: Entire section repealed, p. 447, effective January 1, 1975.
Section 15. No lieutenant governor - who to act as governor.
(Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 36. L. 74: Entire section repealed, p. 447, effective January 1, 1975.
Section 16. Account and report of moneys .An account shall be kept by the officers of the executive department and of all public institutions of the state, of all moneys received by them severally from all sources, and for every service performed, and of all moneys disbursed by them severally, and a semiannual report thereof shall be made to the governor, under oath.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 36.
Section 17. Executive officers to make report. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 37. L. 74: Entire section repealed, p. 447, effective January 1, 1975.
Section 18. State seal. There shall be a seal of the state, which shall be kept by the secretary of state, shall be called the 'Great Seal of the State of Colorado', and shall be in the form prescribed by the general assembly.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 37. L. 90: Entire section amended, p. 1861, effective upon proclamation of the Governor, L. 91, p. 2033, January 3, 1991.
Cross references: For the state seal, see also § 24-80-901 et seq.
Section 19. Salaries of officers - fees paid into treasury. The officers named in section one of this article shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms. It shall be the duty of all such officers to collect in advance all fees prescribed by law for services rendered by them severally, and pay the same into the state treasury.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 37.
Cross references: For the compensation of district attorneys, see § 20-1-301; for the compensation of state officers, see § 24-9-101 et seq.
Section 20. State librarian. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 37. Referred 2004: Entire section repealed, p. 2745, § 1, effective upon proclamation of the Governor, L.2005, p. 2341, December 1, 2004.
Editor s note: The office of superintendent of public instruction was abolished, and an appointed commissioner of education succeeded to his duties. Compare § 1 of article IX.
Cross references: For provisions regulating the state library and prescribing the duties of the state librarian, see § 24-90-104 et seq.
Section 21. Elected auditor of state - powers and duties.
(Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 37. L. 64: Entire section amended, p. 838. L. 74: Entire section repealed, p. 447, effective upon proclamation of the Governor, December 20, 1974.
Section 22. Principal departments. All executive and administrative offices, agencies, and instrumentalities of the executive department of state government and their respective functions, powers, and duties, except for the office of governor and lieutenant governor, shall be allocated by law among and within not more than twenty departments. Subsequently, all new powers or functions shall be assigned to departments, divisions, sections, or units in such manner as will tend to provide an orderly arrangement in the administrative organization of state government. Temporary commissions may be established by law and need not be allocated within a principal department. Nothing in this section shall supersede the provisions of section 13, article XII, of this constitution, except that the classified civil service of the state shall not extend to heads of principal departments established pursuant to this section.
Source: L. 66: Entire section added, see L. 67, p. 1 of the supplement to the 1967 Session Laws. L. 69: Entire section amended, p. 1246, effective upon proclamation of the Governor, December 7, 1970. Referred 2004: Entire section amended, p. 2745, § 1, effective upon proclamation of the Governor, L. 2005, p. 2341, December 1, 2004.
Section 23. Commissioner of insurance. The governor shall nominate and, by and with the consent of the senate, appoint the commissioner of insurance to serve at his pleasure, and the state personnel system shall not extend to the commissioner of insurance.
Source: L. 84: Entire section added, p. 1153, effective upon proclamation of the Governor, L. 85, p. 1783, January 14, 1985.
Editor s note: Effective July 1, 1971, the terms 'civil service', 'classified civil service', and 'classified service' will be known as the 'state personnel system', 'personnel system of the state', or the 'personnel system'.
Section 1. General assembly - initiative and referendum. (1) The legislative power of the state shall be vested in the general assembly consisting of a senate and house of representatives, both to be elected by the people, but the people reserve to themselves the power to propose laws and amendments to the constitution and to enact or reject the same at the polls independent of the general assembly and also reserve power at their own option to approve or reject at the polls any act or item, section, or part of any act of the general assembly.
(2) The first power hereby reserved by the people is the initiative, and signatures by registered electors in an amount equal to at least five percent of the total number of votes cast for all candidates for the office of secretary of state at the previous general election shall be required to propose any measure by petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions for state legislation and amendments to the constitution, in such form as may be prescribed pursuant to law, shall be addressed to and filed with the secretary of state at least three months before the general election at which they are to be voted upon.
(3) The second power hereby reserved is the referendum, and it may be ordered, except as to laws necessary for the immediate preservation of the public peace, health, or safety, and appropriations for the support and maintenance of the departments of state and state institutions, against any act or item, section, or part of any act of the general assembly, either by a petition signed by registered electors in an amount equal to at least five percent of the total number of votes cast for all candidates for the office of the secretary of state at the previous general election or by the general assembly. Referendum petitions, in such form as may be prescribed pursuant to law, shall be addressed to and filed with the secretary of state not more than ninety days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded. The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.
(4) The veto power of the governor shall not extend to measures initiated by or referred to the people. All elections on measures initiated by or referred to the people of the state shall be held at the biennial regular general election, and all such measures shall become the law or a part of the constitution, when approved by a majority of the votes cast thereon, and not otherwise, and shall take effect from and after the date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed. This section shall not be construed to deprive the general assembly of the power to enact any measure.
(5) The original draft of the text of proposed initiated constitutional amendments and initiated laws shall be submitted to the legislative research and drafting offices of the general assembly for review and comment. No later than two weeks after submission of the original draft, unless withdrawn by the proponents, the legislative research and drafting offices of the general assembly shall render their comments to the proponents of the proposed measure at a meeting open to the public, which shall be held only after full and timely notice to the public. Such meeting shall be held prior to the fixing of a ballot title. Neither the general assembly nor its committees or agencies shall have any power to require the amendment, modification, or other alteration of the text of any such proposed measure or to establish deadlines for the submission of the original draft of the text of any proposed measure.
(5.5) No measure shall be proposed by petition containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any measure which shall not be expressed in the title, such measure shall be void only as to so much thereof as shall not be so expressed. If a measure contains more than one subject, such that a ballot title cannot be fixed that clearly expresses a single subject, no title shall be set and the measure shall not be submitted to the people for adoption or rejection at the polls. In such circumstance, however, the measure may be revised and resubmitted for the fixing of a proper title without the necessity of review and comment on the revised measure in accordance with subsection (5) of this section, unless the revisions involve more than the elimination of provisions to achieve a single subject, or unless the official or officials responsible for the fixing of a title determine that the revisions are so substantial that such review and comment is in the public interest. The revision and resubmission of a measure in accordance with this subsection (5.5) shall not operate to alter or extend any filing deadline applicable to the measure.
(6) The petition shall consist of sheets having such general form printed or written at the top thereof as shall be designated or prescribed by the secretary of state; such petition shall be signed by registered electors in their own proper persons only, to which shall be attached the residence address of such person and the date of signing the same. To each of such petitions, which may consist of one or more sheets, shall be attached an affidavit of some registered elector that each signature thereon is the signature of the person whose name it purports to be and that, to the best of the knowledge and belief of the affiant, each of the persons signing said petition was, at the time of signing, a registered elector. Such petition so verified shall be prima facie evidence that the signatures thereon are genuine and true and that the persons signing the same are registered electors.
(7) The secretary of state shall submit all measures initiated by or referred to the people for adoption or rejection at the polls, in compliance with this section. In submitting the same and in all matters pertaining to the form of all petitions, the secretary of state and all other officers shall be guided by the general laws.
(7.3) Before any election at which the voters of the entire state will vote on any initiated or referred constitutional amendment or legislation, the nonpartisan research staff of the general assembly shall cause to be published the text and title of every such measure. Such publication shall be made at least one time in at least one legal publication of general circulation in each county of the state and shall be made at least fifteen days prior to the final date of voter registration for the election. The form and manner of publication shall be as prescribed by law and shall ensure a reasonable opportunity for the voters statewide to become informed about the text and title of each measure.
(7.5) (a) Before any election at which the voters of the entire state will vote on any initiated or referred constitutional amendment or legislation, the nonpartisan research staff of the general assembly shall prepare and make available to the public the following information in the form of a ballot information booklet:
(I) The text and title of each measure to be voted on;
(II) A fair and impartial analysis of each measure, which shall include a summary and the major arguments both for and against the measure, and which may include any other information that would assist understanding the purpose and effect of the measure. Any person may file written comments for consideration by the research staff during the preparation of such analysis.
(b) At least thirty days before the election, the research staff shall cause the ballot information booklet to be distributed to active registered voters statewide.
(c) If any measure to be voted on by the voters of the entire state includes matters arising under section 20 of article X of this constitution, the ballot information booklet shall include the information and the titled notice required by section 20 (3) (b) of article X, and the mailing of such information pursuant to section 20 (3) (b) of article X is not required.
(d) The general assembly shall provide sufficient appropriations for the preparation and distribution of the ballot information booklet pursuant to this subsection (7.5) at no charge to recipients.
(8) The style of all laws adopted by the people through the initiative shall be, 'Be it Enacted by the People of the State of Colorado'.
(9) The initiative and referendum powers reserved to the people by this section are hereby further reserved to the registered electors of every city, town, and municipality as to all local, special, and municipal legislation of every character in or for their respective municipalities. The manner of exercising said powers shall be prescribed by general laws; except that cities, towns, and municipalities may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. Not more than ten percent of the registered electors may be required to order the referendum, nor more than fifteen percent to propose any measure by the initiative in any city, town, or municipality.
(10) This section of the constitution shall be in all respects selfexecuting; except that the form of the initiative or referendum petition may be prescribed pursuant to law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 37. L. 10, Ex. Sess.: Entire section amended, p. 11. L. 79: Entire section amended, p. 1672, effective upon proclamation of the Governor, December 19, 1980. L. 93: (5.5) added, p. 2152, effective upon proclamation of the Governor, L. 95, p. 1428, January 19, 1995. L. 94: (7) amended and (7.3) and (7.5) added, p. 2850, effective upon proclamation of the Governor, L. 95, p. 1431, January 19, 1995.
Editor s note: The 'legislative research and drafting offices' referred to in this section are the Legislative Council and Office of Legislative Legal Services, respectively.
Cross references: For passage of bills, see § 11 of article IV and § 19 of article V; for statutory provisions regarding initiatives and referenda, see article 40 of title 1; for the authority of the legislative department to enact legislation and delegate authority, see art. III, Colo. Const.; for proposing constitutional amendments by convention or vote of the general assembly, see art. XIX, Colo. Const.; for the adoption of home rule charters, see § 5 of art. XX, Colo. Const.; for apportionment of members of the general assembly, see § 2-2-101 et seq.; for organization and operation of the general assembly, see § 2-2-301 et seq; for initiative and referendum, see article 40 of title 1.
Section 2. Election of members - oath - vacancies. (1) A general election for members of the general assembly shall be held on the first Tuesday after the first Monday in November in each even-numbered year, at such places in each county as now are or hereafter may be provided by law.
(2) Each member of the general assembly, before he enters upon his official duties, shall take an oath or affirmation to support the constitution of the United States and of the state of Colorado and to faithfully perform the duties of his office according to the best of his ability. This oath or affirmation shall be administered in the chamber of the house to which the member has been elected.
(3) Any vacancy occurring in either house by death, resignation, or otherwise shall be filled in the manner prescribed by law. The person appointed to fill the vacancy shall be a member of the same political party, if any, as the person whose termination of membership in the general assembly created the vacancy.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 37. L. 50: Entire section amended, see L. 51, p. 553. L. 74: Entire section amended, p. 447, effective January 1, 1975.
Section 3. Terms of senators and representatives. (1) Senators shall be elected for the term of four years and representatives for the term of two years.
(2) In order to broaden the opportunities for public service and to assure that the general assembly is representative of Colorado citizens, no senator shall serve more than two consecutive terms in the senate, and no representative shall serve more than four consecutive terms in the house of representatives. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1991. Any person appointed or elected to fill a vacancy in the general assembly and who serves at least one-half of a term of office shall be considered to have served a term in that office for purposes of this subsection (2). Terms are considered consecutive unless they are at least four years apart.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 38. L. 74: Entire section section amended, p. 448, effective upon proclamation of the Governor, December 20, 1974. Initiated 90: Entire section amended, effective upon proclamation of the Governor, L. 91, p. 2035, January 3, 1991.
Section 4. Qualifications of members. No person shall be a representative or senator who shall not have attained the age of twenty-five years, who shall not be a citizen of the United States, and who shall not for at least twelve months next preceding his election, have resided within the territory included in the limits of the district in which he shall be chosen.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 38. L. 2000: Entire section amended, p. 2775, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Section 5. Classification of senators. The senate shall be divided so that one-half of the senators, as nearly as practicable, may be chosen biennially.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 38. L. 74: Entire section R&RE, p. 448, effective January 1, 1975.
Section 6. Salary and expenses of members. Each member of the general assembly shall receive such salary and expenses as are prescribed by law. No general assembly shall fix its own salary. Members of the general assembly shall receive the same mileage rate permitted for travel as other state employees.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 38. L. 1883: Entire section amended, p. 21. L. 09: Entire section amended, p. 314. L. 74: Entire section R&RE, p. 448, effective January 1, 1975.
Cross references: For the compensation of members of the general assembly, see § 2-2-307.
Section 7. General assembly - shall meet when - term of members - committees. The general assembly shall meet in regular session at 10 a.m. no later than the second Wednesday of January of each year. The general assembly shall meet at other times when convened in special session by the governor pursuant to section 9 of article IV of this constitution or by written request by two-thirds of the members of each house to the presiding officer of each house to consider only those subjects specified in such request. The term of service of the members of the general assembly shall begin on the convening of the first regular session of the general assembly next after their election. The committees of the general assembly, unless otherwise provided by the general assembly, shall expire on the convening of the first regular session after a general election. Regular sessions of the general assembly shall not exceed one hundred twenty calendar days.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 38. L. 50: Entire section amended, see L. 51, p. 554. L. 74: Entire section amended, p. 448, effective January 1, 1975. L. 82: Entire section amended, p. 683, effective upon proclamation of the Governor, December 30, 1982. L. 88: Entire section amended, p. 1451, effective upon proclamation of the Governor, L. 89, p. 1655, January 3, 1989.
Section 8. Members precluded from holding office. No senator or representative shall, while serving as such, be appointed to any civil office under this state; and no member of congress, or other person holding any office
(except of attorney-at-law, notary public, or in the militia) under the United States or this state, shall be a member of either house during his continuance in office.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 38. L. 74: Entire section amended, p. 449, effective January 1, 1975.
Section 9. Increase of salary - when forbidden. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 39. L. 74: Entire section repealed p. 449, effective January 1, 1975.
Cross references: For prohibition against salary increase of elected public officers while serving term for which elected, see § 11 of article XII.
Section 10. Each house to choose its officers. At the beginning of the first regular session after a general election, and at such other times as may be necessary, the senate shall elect one of its members president, and the house of representatives shall elect one of its members as speaker. The president and speaker shall serve as such until the election and installation of their respective successors. Each house shall choose its other officers and shall judge the election and qualification of its members.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 39. L. 50: Entire section amended, see L. 51, p. 554. L. 74: Entire section amended, p. 449, effective January 1, 1975.
Section 11. Quorum. A majority of each house shall constitute a quorum, but a smaller number may adjourn from day to day, and compel the attendance of absent members.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 39.
Section 12. Each house makes and enforces rules. Each house shall have power to determine the rules of its proceedings and adopt rules providing punishment of its members or other persons for contempt or disorderly behavior in its presence; to enforce obedience to its process; to protect its members against violence, or offers of bribes or private solicitation, and, with the concurrence of two-thirds, to expel a member, but not a second time for the same cause, and shall have all other powers necessary for the legislature of a free state. A member expelled for corruption shall not thereafter be eligible to either house of the same general assembly, and punishment for contempt or disorderly behavior shall not bar a prosecution for the same offense.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 39. L. 74: Entire section amended, p. 449, effective January 1, 1975.
Cross references: For removal of speaker of house of representatives, see notes following § 10 of this article.
Section 13. Journal - ayes and noes to be entered - when. Each house shall keep a journal of its proceedings and publish the same, except such parts as require secrecy, and the ayes and noes on any question shall, at the desire of any two members, be entered on the journal.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 39. L. 74: Entire section amended, p. 449, effective January 1, 1975.
Cross references: For the publication of senate and house journals, see § 2-2- 310.
Section 14. Open sessions. The sessions of each house, and of the committees of the whole, shall be open, unless when the business is such as ought to be kept secret.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 39.
Section 15. Adjournment for more than three days. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 39.
Section 16. Privileges of members. The members of the general assembly shall, in all cases except treason or felony, be privileged from arrest during their attendance at the sessions of their respective houses, or any committees thereof, and in going to and returning from the same; and for any speech or debate in either house, or any committees thereof, they shall not be questioned in any other place.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 39. L. 74: Entire section amended, p. 449, effective January 1, 1975.
Section 17. No law passed but by bill - amendments. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 40.
Section 18. Enacting clause. The style of the laws of this state shall be: 'Be it enacted by the General Assembly of the State of Colorado'.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 40.
Section 19. When laws take effect - introduction of bills. An act of the general assembly shall take effect on the date stated in the act, or, if no date is stated in the act, then on its passage. A bill may be introduced at any time during the session unless limited by action of the general assembly. No bill shall be introduced by title only.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 40. L. 1883: Entire section amended, p. 21. L. 18: Entire section amended, see L. 19, p. 344. L. 50: Entire section amended, see L. 51, p. 554.
Cross references: For passage of bills, see § 11 of article IV and § 1 of article V.
Section 20. Bills referred to committee - printed. No bill shall be considered or become a law unless referred to a committee, returned therefrom, and printed for the use of the members. Every measure referred to a committee of reference of either house shall be considered by the committee upon its merits, and no rule of either house shall deny the opportunity for consideration and vote by a committee of reference upon such a measure within appropriate deadlines. A motion that the committee report the measure favorably to the committee of the whole, with or without amendments, shall always be in order within appropriate deadlines. Each measure reported to the committee of the whole shall appear on the appropriate house calendar in the order in which it was reported out of the committee of reference and within appropriate deadlines.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 40. Initiated 88: Entire section amended, effective upon proclamation of the Governor, L. 89, p. 1664, January 3, 1989.
Section 21. Bill to contain but one subject - expressed in title. No bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 40.
Cross references: For amendments to the constitution, see § 2 of art. XIX, Colo. Const.; for general appropriation bills, see § 32 of this article.
Section 22. Reading and passage of bills. Every bill shall be read by title when introduced, and at length on two different days in each house; provided, however, any reading at length may be dispensed with upon unanimous consent of the members present. All substantial amendments made thereto shall be printed for the use of the members before the final vote is taken on the bill, and no bill shall become a law except by a vote of the majority of all members elected to each house taken on two separate days in each house, nor unless upon its final passage the vote be taken by ayes and noes and the names of those voting be entered on the journal.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 40. L. 1883: Entire section amended, p. 22. L. 50: Entire section amended, see L. 51, p. 554.
Cross references: For publication of senate and house journals, see § 2-2-310.
Section 22a. Caucus positions prohibited - penalties. (1) No member or members of the general assembly shall require or commit themselves or any other member or members, through a vote in a party caucus or any other similar procedure, to vote in favor of or against any bill, appointment, veto, or other measure or issue pending or proposed to be introduced in the general assembly.
(2) Notwithstanding the provisions of subsection (1) of this section, a member or members of the general assembly may vote in party caucus on matters directly relating to the selection of officers of a party caucus and the selection of the leadership of the general assembly.
Source: Initiated 88: Entire section added, effective upon proclamation of the Governor. L. 89, p. 1664, January 3, 1989.
Section 22b. Effect of sections 20 and 22a. Any action taken in violation of section 20 or 22a of this constitution shall be null and void.
Source: Initiated 88: Entire section added, effective upon proclamation of the Governor, L. 89, p. 1665, January 3, 1989.
Section 23. Vote on amendments and report of committee. No amendment to any bill by one house shall be concurred in by the other nor shall the report of any committee of conference be adopted in either house except by a vote of a majority of the members elected thereto, taken by ayes and noes, and the names of those voting recorded upon the journal thereof.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 40.
Cross references: For provision that certain amendments be printed before final vote, see section 22 of this article.
Section 24. Revival, amendment or extension of laws. No law shall be revived, or amended, or the provisions thereof extended or conferred by reference to its title only, but so much thereof as is revived, amended, extended or conferred, shall be re-enacted and published at length.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 40.
Cross references: For the repeal of a repealing act, see § 2-4-302.
Section 25. Special legislation prohibited. The general assembly shall not pass local or special laws in any of the following enumerated cases, that is to say; for granting divorces; laying out, opening, altering or working roads or highways; vacating roads, town plats, streets, alleys and public grounds; locating or changing county seats; regulating county or township affairs; regulating the practice in courts of justice; regulating the jurisdiction and duties of police magistrates; changing the rules of evidence in any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limitation of civil actions or giving effect to informal or invalid deeds; summoning or impaneling grand or petit juries; providing for the management of common schools; regulating the rate of interest on money; the opening or conducting of any election, or designating the place of voting; the sale or mortgage of real estate belonging to minors or others under disability; the protection of game or fish; chartering or licensing ferries or toll bridges; remitting fines, penalties or forfeitures; creating, increasing or decreasing fees, percentage or allowances of public officers; changing the law of descent; granting to any corporation, association or individual the right to lay down railroad tracks; granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever. In all other cases, where a general law can be made applicable no special law shall be enacted.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 41. L. 2000: Entire section amended, p. 2775, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.
Section 25a. Eight-hour employment. (1) The general assembly shall provide by law, and shall prescribe suitable penalties for the violation thereof, for a period of employment not to exceed eight (8) hours within any twenty-four (24) hours (except in cases of emergency where life or property is in imminent danger) for persons employed in underground mines or other underground workings, blast furnaces, smelters; and any ore reduction works or other branch of industry or labor that the general assembly may consider injurious or dangerous to health, life or limb.
(2) The provisions of subsection (1) of this section to the contrary notwithstanding, the general assembly may establish whatever exceptions it deems appropriate to the eight-hour workday.
Source: L. 01: Entire section added, p. 108. L. 88: Entire section amended, p. 1453, effective upon proclamation of the Governor, L. 89, p. 1657, January 3, 1989.
Cross references: For provisions regulating hours of labor, see also § 8-13- 101 et seq.
Section 26. Signing of bills. The presiding officer of each house shall sign all bills and joint resolutions passed by the general assembly, and the fact of signing shall be entered on or appended to the journal thereof.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 41. L. 74: Entire section amended, p. 450, effective January 1, 1975.
Section 27. Officers and employees - compensation. The general assembly shall prescribe by law or by joint resolution the number, duties, and compensation of the appointed officers and employees of each house and of the two houses, and no payment shall be made from the state treasury, or be in any way authorized to any person except to an officer or employee appointed and acting pursuant to law or joint resolution.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 41. L. 50: Entire section amended, see L. 51, p. 555. L. 74: Entire section amended, p. 450, effective January 1, 1975.
Cross references: For legislative employees and the compensation thereof, see § 2-2-305 et seq.
Section 28. Extra compensation to officers, employees, or contractors forbidden. No bill shall be passed giving any extra compensation to any public officer or employee, agent, or contractor after services have been rendered or contract made nor providing for the payment of any claim made against the state without previous authority of law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 41. L. 74: Entire section amended, p. 450, effective January 1, 1975.
Cross references: For provision that salaries of executive officers shall not be increased during their term, see § 19 of art. IV, Colo. Const.
Section 29. Contracts for facilities and supplies. All stationery, printing, paper, and fuel used in the legislative and other departments of government shall be furnished; and the printing and binding and distributing of the laws, journals, department reports, and other printing and binding; and the repairing and furnishing the halls and rooms used for the meeting of the general assembly and its committees, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum price and under such regulations as may be prescribed by law. No member or officer of any department of the government shall be in any way interested in any such contract; and all such contracts shall be subject to the approval of the governor or his designee.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 41. L. 74: Entire section amended, p. 450, effective July 1, 1975.
Cross references: For the publication of senate and house journals, see also § 2-2-310; for provisions concerning contracts for public printing, see also § 24-70-205 et seq.; for the publication of the opinions of the supreme court, see § 13-2-122.
Section 30. Salary of governor and judges to be fixed by the legislature - term not to be extended or salaries increased or decreased.
(Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42. L. 1881: Entire section amended, p. 63. L. 28: Entire section amended, see L. 29, p. 286. L. 74: Entire section repealed, p. 450, effective January 1, 1975.
Section 31. Revenue bills. All bills for raising revenue shall originate in the house of representatives; but the senate may propose amendments, as in the case of other bills.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42.
Section 32. Appropriation bills. The general appropriation bill shall embrace nothing but appropriations for the expense of the executive, legislative and judicial departments of the state, state institutions, interest on the public debt and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42. L. 50: Entire section amended, see L. 51, p. 555.
Cross references: For subjects and titles of appropriation bills, see § 21 of this article.
Section 33. Disbursement of public money. No moneys in the state treasury shall be disbursed therefrom by the treasurer except upon appropriations made by law, or otherwise authorized by law, and any amount disbursed shall be substantiated by vouchers signed and approved in the manner prescribed by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42. L. 74: Entire section R&RE, p. 450, effective January 1, 1975.
Section 34. Appropriations to private institutions forbidden. No appropriation shall be made for charitable, industrial, educational or benevolent purposes to any person, corporation or community not under the absolute control of the state, nor to any denominational or sectarian institution or association.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42.
Section 35. Delegation of power. The general assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, or to levy taxes or perform any municipal function whatever.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42.
Cross references: For prohibition against delegating legislative power, see also art. III, Colo. Const.; for legislative power generally, see § 1 of this article.
Section 36. Laws on investment of trust funds. The general assembly shall, from time to time, enact laws prescribing types or classes of investments for the investment of funds held by executors, administrators, guardians, conservators and other trustees, whose power of investment is not set out in the instrument creating the trust.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42. L. 50: Entire section amended, see L. 51, p. 555.
Section 37. Change of venue. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42. L. 74: Entire section repealed, p. 451, effective January 1, 1975.
Section 38. No liability exchanged or released. No obligation or liability of any person, association, or corporation, held or owned by the state, or any municipal corporation therein, shall ever be exchanged, transferred, remitted, released, or postponed or in any way diminished by the general assembly, nor shall such liability or obligation be extinguished except by payment thereof into the proper treasury. This section shall not prohibit the write-off or release of uncollectible accounts as provided by general law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 43. L. 74: Entire section amended, p. 451, effective January 1, 1975.
Section 39. Orders and resolutions presented to governor. Every order, resolution or vote to which the concurrence of both houses may be necessary, except on the question of adjournment, or relating solely to the transaction of business of the two houses, shall be presented to the governor, and before it shall take effect, be approved by him, or being disapproved, shall be re-passed by two-thirds of both houses, according to the rules and limitations prescribed in case of a bill.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 43.
Section 40. Bribery and influence in general assembly. If any person elected to either house of the general assembly shall offer or promise to give his vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the general assembly in consideration or upon condition that any other person elected to the same general assembly will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such general assembly, the person making such offer or promise, shall be deemed guilty of solicitation of bribery. If any member of the general assembly shall give his vote or influence for or against any measure or proposition pending in such general assembly, or offer, promise or assent so to do, upon condition that any other member will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such general assembly, or in consideration that any other member hath given his vote or influence for or against any other measure or proposition in such general assembly, he shall be deemed guilty of bribery; and any member of the general assembly, or person elected thereto, who shall be guilty of either of such offenses shall be expelled, and shall not be thereafter eligible to the same general assembly; and, on conviction thereof in the civil courts, shall be liable to such further penalty as may be prescribed by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 43.
Cross references: For the crime of bribery, see part 3 of article 8 of title 18.
Section 41. Offering, giving, promising money or other consideration. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 43. L. 74: Entire section repealed, p. 451, effective January 1, 1975.
Section 42. Corrupt solicitation of members and officers.
(Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 44. L. 74: Entire section repealed, p. 451, effective January 1, 1975.
Section 43. Member interested shall not vote. A member who has a personal or private interest in any measure or bill proposed or pending before the general assembly, shall disclose the fact to the house of which he is a member, and shall not vote thereon.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 44. CONGRESSIONAL AND LEGISLATIVE APPORTIONMENTS
Section 44. Representatives in congress. The general assembly shall divide the state into as many congressional districts as there are representatives in congress apportioned to this state by the congress of the United States for the election of one representative to congress from each district. When a new apportionment shall be made by congress, the general assembly shall divide the state into congressional districts accordingly. As amended November 5, 1974 - Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 451.)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 44. L. 74: Entire section amended, p. 451, effective January 1, 1975.
Cross references: For congressional apportionment, see also § 2-1-101.
Section 45. General assembly. The general assembly shall consist of not more than thirty-five members of the senate and of not more than sixty-five members of the house of representatives, one to be elected from each senatorial and each representative district, respectively.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 44. Initiated 62: Entire section R&RE, see L. 63, p. 1045. Initiated 66: Entire section R&RE, see L. 67, p. 11 of the supplement to the 1967 Session Laws.
Cross references: For membership of general assembly, see also § 2-2-101. Historical background of and cases construing 'Amendment No. 7' 'Amendment No. 7' consists of the constitutional provisions of sections 45 to 48 of article V, as amended, November 6, 1962. Prior to this date sections 45 to 47 of article V read as follows:
Section 45. Census. The general assembly shall provide by law for an enumeration of the inhabitants of the state, in the year of our Lord 1885, and every tenth year thereafter; and at the session next following such enumeration, and also at the session next following an enumeration made by the authority of the United States, shall revise and adjust the apportionment for senators and representatives, on the basis of such enumeration according to ratios to be fixed by law.
Section 46. Number of members of general assembly. The senate shall consist of not more than thirty-five and the house of not more than sixtyfive members. (As amended November 7, 1950).
Section 47. Senatorial and representative districts. Senatorial and representative districts may be altered from time to time, as public convenience may require. When a senatorial or representative district shall be composed of two or more counties, they shall be contiguous, and the district as compact as may be. No county shall be divided in the formation of a senatorial or representative district. Cases construing 'Amendment No. 7'
The case of Lisco v. McNichols, 208 F. Supp. 471 (D. Colo. 1962) was the forerunner of apportionment cases. While 'Amendment No. 7' was not involved, the constitutionality of apportionment statutes (sections 63-1-2, 63-1-3 and 63-1-6, CRS 53, since repealed), providing for the number of senators and representatives and fixing for their apportionment, was questioned on the basis such apportionment was disproportionate and give unequal voting rights. The court decided that because of the imminence of the 1962 elections and because two proposed constitutional amendments
(no. 7 and no. 8) concerning apportionment were on the ballot to be voted on in the 1962 election they would refrain from acting and the case was continued.
The question next arose in the case of Lisco v. Love, 219 F. Supp. 922
(D. Colo. 1963). In the 1962 election 'Amendment No. 8' was rejected and 'Amendment No. 7', amending sections 45, 46, 47 and 48 of article V of the constitution was approved. The question before the court under this case was whether apportionment of the senate under 'Amendment No. 7' was valid. The court held the apportionment comported with the equal protection clause of the U.S. Constitution and dismissed the case. This decision was appealed in Lucas v. Forty-fourth Gen. Ass'y, 377 U.S. 713, 84 S. Ct. 1459, 13 L. Ed. 2d 632 (1964), wherein the U.S. supreme court reversed the district court and held such apportionment did not comport to the equal protection clause and remanded the case for further proceedings. Further proceedings were had in the case of Lucas v. Forty-fourth Gen. Ass'y, 232 F. Supp. 797 (D. Colo. 1964). At this hearing the district court held that 'Amendment No. 7' was not severable and therefore failed in toto and subdistricting was not prohibited by section 47 of article V. Furthermore, the imminence of the 1964 election did not require utilization of the apportionment provisions of the invalid 'Amendment No. 7' as there was sufficient time for the state to take action to effectuate the U.S. supreme court decision. The matter was set over pending such state action. Following this hearing the Governor called a special session and as a result an apportionment bill (Senate Bill No. 1, L. 64, 2nd Ex. Sess., pp. 27-37) was enacted. This Senate Bill No. 1 was submitted to the district court which approved it but retained jurisdiction.
The decision was appealed to the U.S. supreme court in the case of Fortyfourth Gen. Ass'y v. Lucas, 379 U.S. 693, 85 S. Ct. 715, 13 L. Ed. 2d 699 (1964). The supreme court affirmed all decisions of the federal court relating to federal questions but vacated the decision as to all other questions and remanded the case, leaving open to the district court the question of severability of 'Amendment No. 7'. Before the decision on this appeal was handed down there was a supervening case in the state court, White v. Anderson, 155 Colo. 291, 394 P.2d 333 (1964), wherein the constitutionality of that portion of section 47 of article V dealing with subdistricting was questioned. The supreme court held the subdistricting provision was a state question in spite of retained jurisdiction of the federal district court and determined the subdistricting provision was invalid but in view of the imminence of the 1964 election, stayed effect of its judgment until the convening of the 1965 session of the legislature.
The Forty-fifth General Assembly introduced an apportionment bill (House Bill No. 1438, later postponed). During its progress through the House interrogatories were submitted to the state supreme court requesting an opinion on the severability of 'Amendment No. 7'. The court held in In re Interrogatories, 157 Colo. 76, 400 P.2d 931
(1965), that such amendment was not severable and the whole 'Amendment No. 7' was invalid and void.
Section 46. Senatorial and representative districts. The state shall be divided into as many senatorial and representative districts as there are members of the senate and house of representatives respectively, each district in each house having a population as nearly equal as may be, as required by the constitution of the United States, but in no event shall there be more than five percent deviation between the most populous and the least populous district in each house.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 44. L. 50: Entire section amended, see L. 51, p. 555. Initiated 62: Entire section R&RE, see L. 63, p. 1045. Initiated 66: Entire section R&RE, see L. 67, p. 11 of the supplement to the 1967 Session Laws. Initiated 74: Entire section amended, effective upon proclamation of the Governor, December 20, 1974. Initiated 74: Entire section amended but does not appear in the session laws.
Section 47. Composition of districts. (1) Each district shall be as compact in area as possible and the aggregate linear distance of all district boundaries shall be as short as possible. Each district shall consist of contiguous whole general election precincts. Districts of the same house shall not overlap.
(2) Except when necessary to meet the equal population requirements of section 46, no part of one county shall be added to all or part of another county in forming districts. Within counties whose territory is contained in more than one district of the same house, the number of cities and towns whose territory is contained in more than one district of the same house shall be as small as possible. When county, city, or town boundaries are changed, adjustments, if any, in legislative districts shall be as prescribed by law.
(3) Consistent with the provisions of this section and section 46 of this article, communities of interest, including ethnic, cultural, economic, trade area, geographic, and demographic factors, shall be preserved within a single district wherever possible.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 44. Initiated 62: Entire section R&RE, see L. 63, p. 1045. Initiated 66: Entire section R&RE, see L. 67, p. 11 of the supplement to the 1967 Session Laws. Initiated 74: Entire section amended, effective upon proclamation of the Governor, December 20, 1974.
Cross references: For composition of congressional districts, see also § 2-1- 101; for composition of senatorial districts, see also § 2-2-102.
Section 48. Revision and alteration of districts - reapportionment commission. (1) (a) After each federal census of the United States, the senatorial districts and representative districts shall be established, revised, or altered, and the members of the senate and the house of representatives apportioned among them, by a Colorado reapportionment commission consisting of eleven members, to be appointed and having the qualifications as prescribed in this section. Of such members, four shall be appointed by the legislative department, three by the executive department, and four by the judicial department of the state.
(b) The four legislative members shall be the speaker of the house of representatives, the minority leader of the house of representatives, and the majority and minority leaders of the senate, or the designee of any such officer to serve in his or her stead, which acceptance of service or designation shall be made no later than April 15 of the year following that in which the federal census is taken. The three executive members shall be appointed by the governor between April 15 and April 25 of such year, and the four judicial members shall be appointed by the chief justice of the Colorado supreme court between April 25 and May 5 of such year.
(c) Commission members shall be qualified electors of the state of Colorado. No more than four commission members shall be members of the general assembly. No more than six commission members shall be affiliated with the same political party. No more than four commission members shall be residents of the same congressional district, and each congressional district shall have at least one resident as a commission member. At least one commission member shall reside west of the continental divide.
(d) Any vacancy created by the death or resignation of a member, or otherwise, shall be filled by the respective appointing authority. Members of the commission shall hold office until their reapportionment and redistricting plan is implemented. No later than May 15 of the year of their appointment, the governor shall convene the commission and appoint a temporary chairman who shall preside until the commission elects its own officers.
(e) Within one hundred thirteen days after the commission has been convened or the necessary census data are available, whichever is later, the commission shall publish a preliminary plan for reapportionment of the members of the general assembly and shall hold public hearings thereon in several places throughout the state within forty-five days after the date of such publication. No later than one hundred twenty-three days prior to the date established in statute for precinct caucuses in the second year following the year in which the census was taken or, if the election laws do not provide for precinct caucuses, no later than one hundred twenty-three days prior to the date established in statute for the event commencing the candidate selection process in such year, the commission shall finalize its plan and submit the same to the Colorado supreme court for review and determination as to compliance with sections 46 and 47 of this article. Such review and determination shall take precedence over other matters before the court. The supreme court shall adopt rules for such proceedings and for the production and presentation of supportive evidence for such plan. Any legal arguments or evidence concerning such plan shall be submitted to the supreme court pursuant to the schedule established by the court; except that the final submission must be made no later than ninety days prior to the date established in statute for precinct caucuses in the second year following the year in which the census was taken or, if the election laws do not provide for precinct caucuses, no later than ninety days prior to the date established in statute for the event commencing the candidate selection process in such year. The supreme court shall either approve the plan or return the plan and the court's reasons for disapproval to the commission. If the plan is returned, the commission shall revise and modify it to conform to the court's requirements and resubmit the plan to the court within the time period specified by the court. The supreme court shall approve a plan for the redrawing of the districts of the members of the general assembly by a date that will allow sufficient time for such plan to be filed with the secretary of state no later than fifty-five days prior to the date established in statute for precinct caucuses in the second year following the year in which the census was taken or, if the election laws do not provide for precinct caucuses, no later than fifty-five days prior to the date established in statute for the event commencing the candidate selection process in such year. The court shall order that such plan be filed with the secretary of state no later than such date. The commission shall keep a public record of all the proceedings of the commission and shall be responsible for the publication and distribution of copies of each plan.
(f) The general assembly shall appropriate sufficient funds for the compensation and payment of the expenses of the commission members and any staff employed by it. The commission shall have access to statistical information compiled by the state or its political subdivisions and necessary for its reapportionment duties.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 45. L. 50: Entire section repealed, see L. 51, p. 555. Initiated 62: Entire section R&RE, see L. 63, p. 1046. Initiated 66: Entire section R&RE, see L. 67, p. 11 of the 1967 session laws supplement. L. 74: Entire section amended, p. 451, effective January 1, 1975; Initiated 74: Entire section was amended but does not appear in the session laws. L. 2000: (1) (b), (1) (d), and (1) (e) amended, p. 2773, effective upon proclamation of the Governor, December 28, 2000.
Cross references: For provisions concerning the reapportionment process, see sections 6 through 11 of chapter 46, Session Laws of Colorado 1990 and §§ 2-2-501 to 2- 2-511; for requirement that senate and representative districts be apportioned on the basis of population, see § 46 of this article.
Section 49. Appointment of state auditor - term - qualifications - duties. (1) The general assembly, by a majority vote of the members elected to and serving in each house, shall appoint, without regard to political affiliation, a state auditor, who shall be a certified public accountant licensed to practice in this state, to serve for a term of five years and until his successor is appointed and qualified. Except as provided by law, he shall be ineligible for appointment to any other public office in this state from which compensation is derived while serving as state auditor. He may be removed for cause at any time by a twothirds vote of the members elected to and serving in each house.
(2) It shall be the duty of the state auditor to conduct post audits of all financial transactions and accounts kept by or for all departments, offices, agencies, and institutions of the state government, including educational institutions notwithstanding the provisions of section 14 of article IX of this constitution, and to perform similar or related duties with respect to such political subdivisions of the state as shall from time to time be required of him by law.
(3) Not more than three members of the staff of the state auditor shall be exempt from the personnel system of this state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p.46. L. 50: Entire section repealed, see L. 51, p. 555. L. 64: Entire section added, p. 839. L. 74: Entire section amended, p. 452, effective January 1, 1975.
Editor s note: In 1964 the provisions of this section significantly changed from its original enactment.
Section 50. Public funding of abortion forbidden. No public funds shall be used by the State of Colorado, its agencies or political subdivisions to pay or otherwise reimburse, either directly or indirectly, any person, agency or facility for the performance of any induced abortion, PROVIDED HOWEVER, that the General Assembly, by specific bill, may authorize and appropriate funds to be used for those medical services necessary to prevent the death of either a pregnant woman or her unborn child under circumstances where every reasonable effort is made to preserve the life of each.
Source: Initiated 84: Entire section added, effective upon proclamation of the Governor, L. 85, p. 1792, January 1, 1985.
Editor s note: Although this section was not numbered and did not contain a headnote as it appeared on the ballot, for ease of location it has been numbered as 'Section 50', and the headnote which appeared in the original submission by the proponents has been added.
Cross references: For statutory provisions concerning the public funding of abortion under certain circumstances, see § 26-4-512.
Section 1. Vestment of judicial power. The judicial power of the state shall be vested in a supreme court, district courts, a probate court in the city and county of Denver, a juvenile court in the city and county of Denver, county courts, and such other courts or judicial officers with jurisdiction inferior to the supreme court, as the general assembly may, from time to time establish; provided, however, that nothing herein contained shall be construed to restrict or diminish the powers of home rule cities and towns granted under article XX, section 6 of this constitution to create municipal and police courts.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1048.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 46, L. 1885, p. 145, and L. 13, p. 678.
Cross references: For the supreme court, see § 13-2-101 et seq.; for judicial departments, see § 13-3-101 et seq.; for the court of appeals, see § 13-4-101 et seq.; for district courts, see § 13-5-101 et seq.; for county courts, see § 13-6-101 et seq.; for superior courts, see § 13-7-101 et seq.; for the juvenile court of Denver, see § 13-8-101 et seq.; for the probate court of Denver, see § 13-9-101 et seq.; for municipal courts, see § 13-10-101 et seq.; for distribution of governmental powers, see article III, Colo. Const. Supreme Court
Section 2. Appellate jurisdiction. (1) The supreme court, except as otherwise provided in this constitution, shall have appellate jurisdiction only, which shall be coextensive with the state, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.
(2) Appellate review by the supreme court of every final judgment of the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver shall be allowed, and the supreme court shall have such other appellate review as may be provided by law. There shall be no appellate review by the district court of any final judgment of the probate court of the city and county of Denver or of the juvenile court of the city and county of Denver.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1049.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 46.
Cross references: For supreme court review of judgments by the court of appeals, see § 13-4-108; for supreme court review of certain cases within the jurisdiction of the court of appeals, see § 13-4-110; for procedure for review in the supreme court on writ of certiorari, see C.A.R. 49-57.
Section 3. Original jurisdiction opinions. The supreme court shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction, and such other original and remedial writs as may be provided by rule of court with authority to hear and determine the same; and each judge of the supreme court shall have like power and authority as to writs of habeas corpus. The supreme court shall give its opinion upon important questions upon solemn occasions when required by the governor, the senate, or the house of representatives; and all such opinions shall be published in connection with the reported decision of said court.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1049.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 46, and L. 1885, p. 145.
Cross references: For procedure in original actions in the supreme court, see C.A.R. 21.; for writs of habeas corpus, see article 45 of title 13; for certification of questions of law to the supreme court, see C.A.R. 21.1.
Section 4. Terms. At least two terms of the supreme court shall be held each year, at the seat of government.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1049.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 46, and L. 03, p. 148.
Cross references: For terms of the supreme court, see also §§ 13-2-101 and 13-2-102.
Section 5. Personnel of court - departments - chief justice. (1) The supreme court shall consist of not less than seven justices, who may sit en banc or in departments. In case said court shall sit in departments, each of said departments shall have full power and authority of said court in the determination of causes, the issuing of writs and the exercise of all powers authorized by this constitution, or provided by law, subject to the general control of the court sitting en banc, and such rules and regulations as the court may make, but no decision of any department shall become judgment of the court unless concurred in by at least three justices, and no case involving construction of the constitution of this state or of the United States shall be decided except by the court en banc. Upon request of the supreme court, the number of justices may be increased to no more than nine members whenever two-thirds of the members of each house of the general assembly concur therein.
(2) The supreme court shall select a chief justice from its own membership to serve at the pleasure of a majority of the court, who shall be the executive head of the judicial system.
(3) The supreme court shall appoint a court administrator and such other personnel as the court may deem necessary to aid the administration of the courts. Whenever the chief justice deems assignment of a judge necessary to the prompt disposition of judicial business, he may: (a) Assign any county judge, or retired county judge who consents, temporarily to perform judicial duties in any county court if otherwise qualified under section 18 of this article, or assign, as hereafter may be authorized by law, said judge to any other court; or (b) assign any district, probate, or juvenile judge, or retired justice or district, probate, or juvenile judge who consents, temporarily to perform judicial duties in any court. For each day of such temporary service a retired justice or judge shall receive compensation in an amount equal to 1/20 of the monthly salary then currently applicable to the judicial position in which the temporary service is rendered.
(4) The chief justice shall appoint from the district judges of each judicial district a chief judge to serve at the pleasure of the chief justice. A chief judge shall receive no additional salary by reason of holding such position. Each chief judge shall have and exercise such administrative powers over all judges of all courts within his district as may be delegated to him by the chief justice.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1049. Initiated 66: Entire section amended, effective January 17, 1967, see L. 67, p. 5 of the supplement to the 1967 Session Laws.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 46, L. 1885, p. 145, and L. 03, p. 148.
Cross references: For employees of the supreme court and their compensation, see also § 13-2-111; for provision creating the position of state court administrator, see § 13-3-101.
Section 6. Election of judges. (Repealed)
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1050. Initiated 66: Entire section repealed, effective January 17, 1967, see L. 67, p. 6 of the supplement to the 1967 Session Laws.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 46, and L. 03, p. 149.
Section 7. Term of office. The full term of office of justices of the supreme court shall be ten years.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1050. Initiated 66: Entire section amended, effective January 17, 1967, see L. 67, p. 6 of the supplement to the 1967 Session Laws.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 47, and L. 03, p. 149.
Section 8. Qualifications of justices. No person shall be eligible to the office of justice of the supreme court unless he shall be a qualified elector of the state of Colorado and shall have been licensed to practice law in this state for at least five years.
Source: L. 62: Entire article R&RE, see L. 63, p. 1050.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 47, and L. 03, p. 149. District Courts
Section 9. District courts - jurisdiction. (1) The district courts shall be trial courts of record with general jurisdiction, and shall have original jurisdiction in all civil, probate, and criminal cases, except as otherwise provided herein, and shall have such appellate jurisdiction as may be prescribed by law.
(2) (Deleted by amendment, L. 2002, p. 3094, § 1, effective upon proclamation of the Governor, December 20, 2002.)
(3) In the city and county of Denver, exclusive original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians, conservators and administrators, and settlement of their accounts, the adjudication of the mentally ill, and such other jurisdiction as may be provided by law shall be vested in a probate court, created by section 1 of this article.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1050. L. 2002: (2) and (3) amended, p. 3094, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: (1) This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 47.
(2) For the vote count on the 2002 referred measure amending subsections (2) and (3), see L. 2003, p. 3629.
Section 10. Judicial districts district judges. (1) The state shall be divided into judicial districts. Such districts shall be formed of compact territory and be bounded by county lines. The judicial districts as provided by law on the effective date of this amendment shall constitute the judicial districts of the state until changed. The general assembly may by law, whenever twothirds of the members of each house concur therein, change the boundaries of any district or increase or diminish the number of judicial districts.
(2) In each judicial district there shall be one or more judges of the district court. The full term of office of a district judge shall be six years.
(3) The number of district judges provided by law for each district on the effective date of this amendment shall constitute the number of judges for the district until changed. The general assembly may by law, whenever twothirds of the members of each house concur therein, increase or diminish the number of district judges, except that the office of a district judge may not be abolished until completion of the term for which he was elected or appointed, but he may be required to serve in a judicial district other than the one for which elected, as long as such district encompasses his county of residence.
(4) Separate divisions of district courts may be established in districts by law, or in the absence of any such law, by rule of court.
Source: L. 62: Entire article R&RE, see L. 63, p. 1050. Initiated 66: (2) amended, effective January 17, 1967, see L. 67, p. 6 of the supplement to the 1967 Session Laws.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 47.
Cross references: For the establishment of judicial districts, see also § 13-5- 101 et seq.; for vacancies in judicial office, see § 20 of this article.
Section 11. Qualifications of district judges. No person shall be eligible to the office of district judge unless he shall be a qualified elector of the judicial district at the time of his election or selection and shall have been licensed to practice law in this state for five years. Each judge of the district court shall be a resident of his district during his term of office.
Source: L. 62: Entire article R&RE, see L. 63, p. 1051.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 47.
Section 12. Terms of court. The time of holding courts within the judicial districts shall be as provided by rule of court, but at least one term of the district court shall be held annually in each county.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1052.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 47, and L. 1885, p. 146.
Cross references: For terms of district courts, see also § 13-5-101. District Attorneys
Section 13. District attorneys - election - term - salary - qualifications. In each judicial district there shall be a district attorney elected by the electors thereof, whose term of office shall be four years. District attorneys shall receive such salaries and perform such duties as provided by law. No person shall be eligible to the office of district attorney who shall not, at the time of his election possess all the qualifications of district court judges as provided in this article. All district attorneys holding office on the effective date of this amendment shall continue in office for the remainder of the respective terms for which they were elected or appointed.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1052.
Editor s note: (1) 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.
(2) This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 47.
Cross references: For the requirement that the governor make appointments to fill a vacancy in the office of the district attorney, see § 1-12-204; for the salary of district attorneys, see also §§ 20-1-301 and 30-2-101; for district attorneys generally, see article 1 of title 20. Probate And Juvenile Courts
Section 14. Probate court - jurisdiction - judges - election - term - qualifications. The probate court of the city and county of Denver shall have such jurisdiction as provided by section 9, subsection (3) of this article. The judge of the probate court of the city and county of Denver shall have the same qualifications and term of office as provided in this article for district judges. Vacancies shall be filled as provided in section 20 of this article. The number of judges of the probate court of the city and county of Denver may be increased as provided by law.
Source: L. 62: Entire article R&RE, see L. 63, p. 1052. L. 2002: Entire section amended, p. 3094, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: (1) This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 48, and L. 1885, p. 146.
(2) For the vote count on the 2002 referred measure amending this section, see L. 2003, p. 3629.
Cross references: For the probate court of Denver, see also article 9 of title 13.
Section 15. Juvenile court - jurisdiction - judges - election - term - qualifications. The juvenile court of the city and county of Denver shall have such jurisdiction as shall be provided by law. The judge of the juvenile court of the city and county of Denver shall have the same qualifications and term of office as provided in this article for district judges. Vacancies shall be filled as provided in section 20 of this article. The number of judges of the juvenile court of the city and county of Denver may be increased as provided by law.
Source: L. 62: Entire article R&RE, see L. 63, p. 1052. L. 2002: Entire section amended, p. 3095, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: (1) This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 48.
(2) For the vote count on the 2002 referred measure amending this section, see L. 2003, p. 3629.
Cross references: For the juvenile court of Denver, see also article 8 of title 13. County Courts
Section 16. County judges - terms - qualifications. In each county there shall be one or more judges of the county court as may be provided by law, whose full term of office shall be four years, and whose qualifications shall be prescribed by law. County judges shall be qualified electors of their counties at the time of their election or appointment.
Source: L. 62: Entire article R&RE, see L. 63, p. 1052. Initiated 66: Entire section amended, effective January 17, 1967, see L. 67, p. 6 of the supplement to the 1967 Session Laws.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 48.
Cross references: For judges and other personnel, see part 2 of article 6 of title 13.
Section 17. County courts - jurisdiction - appeals. County courts shall have such civil, criminal, and appellate jurisdiction as may be provided by law, provided such courts shall not have jurisdiction of felonies or in civil cases where the boundaries or title to real property shall be in question. Appellate review by the supreme court or the district courts of every final judgment of the county courts shall be as provided by law.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1053.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 48.
Cross references: For the jurisdiction of county courts in civil actions, see also §§ 13-6-104 and 13-6-105; for the jurisdiction of county courts in criminal actions, see also § 13-6-106; for creation of each county court as a court of record, see § 13-6- 102; for the statewide jurisdiction of county courts, see § 13-6-103; for jurisdictional amount, see § 13-6-104; for appeals from county courts, see §§ 13-6-310 and 13-6-311. Miscellaneous
Section 18. Compensation and services. Justices and judges of courts of record shall receive such compensation as may be provided by law, which may be increased but may not be decreased during their term of office and shall receive such pension or retirement benefits as may be provided by law. No justice or judge of a court of record shall accept designation or nomination for any public office other than judicial without first resigning from his judicial office, nor shall he hold at any other time any other public office during his term of office, nor hold office in any political party organization, nor contribute to or campaign for any political party or candidate for political office. No supreme court justice, judge of any intermediate appellate court, district court judge, probate judge, or juvenile judge shall engage in the practice of law. Justices, district judges, probate judges, and juvenile judges when called upon to do so, may serve in any state court with full authority as provided by law. Any county judge may serve in any other county court, or serve, as hereinafter may be authorized by law, in any other court, if possessing the qualifications prescribed by law for a judge of such county court, or other court, or as a municipal judge or police magistrate as provided by law, or in the case of home rule cities as provided by charter and ordinances.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1053. Initiated 66: Entire section amended, effective January 17, 1967, see L. 67, p. 6 of the supplement to the 1967 Session Laws.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 49, and L. 53, p. 228.
Cross references: For compensation of justices and judges, see article 30 of title 13.
Section 19. Laws relating to courts - uniform. All laws relating to state courts shall be general and of uniform operation throughout the state, and except as hereafter in this section specified the organization, jurisdiction, powers, proceedings, and practice of all courts of the same class, and the force and effect of the proceedings, judgments and decrees of such courts severally shall be uniform. County courts may be classified or graded as may be provided by law, and the organization, jurisdiction, powers, proceedings, and practice of county courts within the same class or grade, and the force and effect of the proceedings, judgments and decrees of county courts in the same class or grade shall be uniform; provided, however, that the organization and administration of the county court of the city and county of Denver shall be as provided in the charter and ordinances of the city and county of Denver.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1053.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 49.
Section 20. Vacancies. (1) A vacancy in any judicial office in any court of record shall be filled by appointment of the governor, from a list of three nominees for the supreme court and any intermediate appellate court, and from a list of two or three nominees for all other courts of record, such list to be certified to him by the supreme court nominating commission for a vacancy in the supreme court or a vacancy in any intermediate appellate court, and by the judicial district nominating commission for a vacancy in any other court in that district. In case of more than one vacancy in any such court, the list shall contain not less than two more nominees than there are vacancies to be filled.
The list shall be submitted by the nominating commission not later than thirty days after the death, retirement, tender of resignation, removal under section 23, failure of an incumbent to file a declaration under section 25, or certification of a negative majority vote on the question of retention in office under section 25 hereof. If the governor shall fail to make the appointment (or all of the appointments in case of multiple vacancies) from such list within fifteen days from the day it is submitted to him, the appointment (or the remaining appointments in case of multiple vacancies) shall be made by the chief justice of the supreme court from the same list within the next fifteen days. A justice or judge appointed under the provisions of this section shall hold office for a provisional term of two years and then until the second Tuesday in January following the next general election. A nominee shall be under the age of seventy-two years at the time his name is submitted to the governor.
(2) Repealed.
(3) Other vacancies occurring in judicial offices shall be filled as now or hereafter provided by law.
(4) Vacancies occurring in the office of district attorney shall be filled by appointment of the governor. District attorneys appointed under the provisions of this section shall hold office until the next general election and until their successors elected thereat shall be duly qualified. Such successors shall be elected for the remainder of the unexpired term in which the vacancy was created.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1054. Initiated 66: Entire section amended, effective January 17, 1967, see L. 67, p. 7 of the supplement to the 1967 Session Laws. L. 2002: (2) repealed, p. 3095, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: (1) This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 49.
(2) For the vote count on the 2002 referred measure repealing subsection (2), see L. 2003, p. 3629.
Section 21. Rule-making power. The supreme court shall make and promulgate rules governing the administration of all courts and shall make and promulgate rules governing practice and procedure in civil and criminal cases, except that the general assembly shall have the power to provide simplified procedures in county courts for the trial of misdemeanors.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1054. L. 2002: Entire section amended, p. 3095, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: (1) This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 49, and L. 01, p. 110.
(2) For the vote count on the 2002 referred measure amending this section, see L. 2003, p. 3629.
Cross references: For general superintending control by supreme court over all inferior courts, see § 2 of this article.
Section 22. Process - prosecution - in name of people. In all prosecutions for violations of the laws of Colorado, process shall run in the name of 'The People of the State of Colorado'; all prosecutions shall be carried on in the name and by the authority of 'The People of the State of Colorado', and conclude, 'against the peace and dignity of the same'.
Source: L. 62: Entire article R&RE, see L. 63, p. 1055.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 49, and L. 01, p. 111.
Section 23. Retirement and removal of justices and judges.(1) On attaining the age of seventy-two a justice or judge of a court of record shall retire and his judicial office shall be vacant, except as otherwise provided in section 20 (2).
(2) Whenever a justice or judge of any court of this state has been convicted in any court of this state or of the United States or of any state, of a felony or other offense involving moral turpitude, the supreme court shall, of its own motion or upon petition filed by any person, and upon finding that such a conviction was had, enter its order suspending said justice or judge from office until such time as said judgment of conviction becomes final, and the payment of salary of said justice or judge shall also be suspended from the date of such order. If said judgment of conviction becomes final, the supreme court shall enter its order removing said justice or judge from office and declaring his office vacant and his right to salary shall cease from the date of the order of suspension. If said judgment of conviction is reversed with directions to enter a judgment of acquittal or if reversed for a new trial which subsequently results in a judgment of dismissal or acquittal, the supreme court shall enter its order terminating the suspension of said justice or judge and said justice or judge shall be entitled to his salary for the period of suspension. A plea of guilty or nolo contendere to such a charge shall be equivalent to a final conviction for the purpose of this section.
(3) (a) There shall be a commission on judicial discipline. It shall consist of: Two judges of district courts and two judges of county courts, each selected by the supreme court; two citizens admitted to practice law in the courts of this state, neither of whom shall be a justice or judge, who shall have practiced in this state for at least ten years and who shall be appointed by the governor, with the consent of the senate; and four citizens, none of whom shall be a justice or judge, active or retired, nor admitted to practice law in the courts of this state, who shall be appointed by the governor, with the consent of the senate.
(b) Each member shall be appointed to a four-year term; except that one-half of the initial membership in each category shall be appointed to twoyear terms, for the purpose of staggering terms. Whenever a commission membership prematurely terminates or a member no longer possesses the specific qualifications for the category from which he was selected, his position shall be deemed vacant, and his successor shall be appointed in the same manner as the original appointment for the remainder of his term. A member shall be deemed to have resigned if that member is absent from three consecutive commission meetings without the commission having entered an approval for additional absences upon its minutes. If any member of the commission is disqualified to act in any matter pending before the commission, the commission may appoint a special member to sit on the commission solely for the purpose of deciding that matter.
(c) No member of the commission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board, and lodging and any other expenses incurred in the performance of his duties, to be paid by the supreme court from its budget to be appropriated by the general assembly.
(d) A justice or judge of any court of record of this state, in accordance with the procedure set forth in this subsection (3), may be removed or disciplined for willful misconduct in office, willful or persistent failure to perform his duties, intemperance, or violation of any canon of the Colorado code of judicial conduct, or he may be retired for disability interfering with the performance of his duties which is, or is likely to become, of a permanent character.
(e) The commission may, after such investigation as it deems necessary, order informal remedial action; order a formal hearing to be held before it concerning the removal, retirement, suspension, censure, reprimand, or other discipline of a justice or a judge; or request the supreme court to appoint three special masters, who shall be justices or judges of courts of record, to hear and take evidence in any such matter and to report thereon to the commission. After a formal hearing or after considering the record and report of the masters, if the commission finds good cause therefor, it may take informal remedial action, or it may recommend to the supreme court the removal, retirement, suspension, censure, reprimand, or discipline, as the case may be, of the justice or judge. The commission may also recommend that the costs of its investigation and hearing be assessed against such justice or judge.
(f) Following receipt of a recommendation from the commission, the supreme court shall review the record of the proceedings on the law and facts and in its discretion may permit the introduction of additional evidence and shall order removal, retirement, suspension, censure, reprimand, or discipline, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with the same rights and privileges as if he retired pursuant to statute. Upon an order for removal, the justice or judge shall thereby be removed from office, and his salary shall cease from the date of such order. On the entry of an order for retirement or for removal of a judge, his office shall be deemed vacant.
(g) Prior to the filing of a recommendation to the supreme court by the commission against any justice or judge, all papers filed with and proceedings before the commission on judicial discipline or masters appointed by the supreme court, pursuant to this subsection (3), shall be confidential, and the filing of papers with and the giving of testimony before the commission or the masters shall be privileged; but no other publication of such papers or proceedings shall be privileged in any action for defamation; except that the record filed by the commission in the supreme court continues privileged and a writing which was privileged prior to its filing with the commission or the masters does not lose such privilege by such filing.
(h) The supreme court shall by rule provide for procedures before the commission on judicial discipline, the masters, and the supreme court. The rules shall also provide the standards and degree of proof to be applied by the commission in its proceedings. A justice or judge who is a member of the commission or supreme court shall not participate in any proceedings involving his own removal or retirement.
(i) Nothing contained in this subsection (3) shall be construed to have any effect on article XIII of this constitution.
(j) Repealed.
Source: L. 62: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1055. Initiated 66: Entire section amended, effective January 17, 1967, see L. 67, p. 7 of the supplement to the 1967 Session Laws. L. 82: (3) R&RE, effective July 1, 1983. L. 2002: (3) (j) repealed, p. 3095, § 1, effective upon proclamation of the Governor, December 20, 2002.
Editor s note: (1) This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 49.
(2) For the vote count on the 2002 referred measure repealing subsection (3)
(j), see L. 2003, p. 3629.
Cross references: For rules of procedure for commission on judicial qualifications, see chapter 24 of the Court Rules, the Colorado Rules of Judicial Discipline.
Section 24. Judicial nominating commissions. (1) There shall be one judicial nominating commission for the supreme court and any intermediate appellate court to be called the supreme court nominating commission and one judicial nominating commission for each judicial district in the state.
(2) The supreme court nominating commission shall consist of the chief justice or acting chief justice of the supreme court, ex officio, who shall act as chairman and shall have no vote, one citizen admitted to practice law before the courts of this state and one other citizen not admitted to practice law in the courts of this state residing in each congressional district in the state, and one additional citizen not admitted to practice law in the courts of this state. No more than one-half of the commission members plus one, exclusive of the chief justice, shall be members of the same political party. Three voting members shall serve until December 31, 1967, three until December 31, 1969, and three until December 31, 1971. Thereafter each voting member appointed shall serve until the 31st of December of the 6th year following the date of his appointment.
(3) Each judicial district nominating commission shall consist of a justice of the supreme court designated by the chief justice, to serve at the will of the chief justice who shall act as chairman ex officio, and shall have no vote, and seven citizens residing in that judicial district, no more than four of whom shall be members of the same political party and there shall be at least one voting member from each county in the district. In all judicial districts having a population of more than 35,000 inhabitants as determined by the last preceding census taken under the authority of the United States, the voting members shall consist of three persons admitted to practice law in the courts of this state and four persons not admitted to practice law in the courts of this state. In judicial districts having a population of 35,000 inhabitants or less as determined above, at least four voting members shall be persons not admitted to practice law in the courts of this state; and it shall be determined by majority vote of the governor, the attorney general and the chief justice, how many, if any, of the remaining three members shall be persons admitted to practice law in the courts of this state. Two voting members shall serve until December 31, 1967, two until December 31, 1969, and three until December 31, 1971. Thereafter each voting member appointed shall serve until the 31st of December of the 6th year following the date of his appointment.
(4) Members of each judicial nominating commission selected by reason of their being citizens admitted to practice law in the courts of this state shall be appointed by majority action of the governor, the attorney general and the chief justice. All other members shall be appointed by the governor. No voting member of a judicial nominating commission shall hold any elective and salaried United States or state public office or any elective political party office and he shall not be eligible for reappointment to succeed himself on a commission. No voting member of the supreme court nominating commission shall be eligible for appointment as a justice of the supreme court or any intermediate appellate court so long as he is a member of that commission and for a period of three years thereafter; and no voting member of a judicial district nominating commission shall be eligible for appointment to judicial office in that district while a member of that commission and for a period of one year thereafter.
Source: Initiated 66: Entire section added, effective January 17, 1967, see L. 67, p. 9 of the supplement to the 1967 Session Laws. L. 82: (3) R&RE, effective July 1, 1983.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 50, and L. 1885, p. 146.
Section 25. Election of justices and judges. A justice of the supreme court or a judge of any other court of record, who shall desire to retain his judicial office for another term after the expiration of his then term of office shall file with the secretary of state, not more than six months nor less than three months prior to the general election next prior to the expiration of his then term of office, a declaration of his intent to run for another term. Failure to file such a declaration within the time specified shall create a vacancy in that office at the end of his then term of office. Upon the filing of such a declaration, a question shall be placed on the appropriate ballot at such general election, as follows: 'Shall Justice (Judge) .... of the Supreme (or other) Court be retained in office? YES/..../NO/..../.' If a majority of those voting on the question vote 'Yes', the justice or judge is thereupon elected to a succeeding full term. If a majority of those voting on the question vote 'No', this will cause a vacancy to exist in that office at the end of his then present term of office.
In the case of a justice of the supreme court or any intermediate appellate court, the electors of the state at large; in the case of a judge of a district court, the electors of that judicial district; and in the case of a judge of the county court or other court of record, the electors of that county; shall vote on the question of retention in office of the justice or judge.
Source: Initiated 66: Entire section added, effective January 17, 1967, see L. 67, p. 10 of the supplement to the 1967 Session Laws.
Editor s note: This article was originally enacted in 1876. The substantive provisions were repealed and reenacted in 1962, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, see L. 1877, p. 50.
Section 26. Denver county judges. The provisions of sections 16, 20, 23, 24 and 25 hereof shall not be applicable to judges of the county court of the City and County of Denver. The number, manner of selection, qualifications, term of office, tenure, and removal of such judges shall be as provided in the charter and ordinances of the City and County of Denver.
Source: Initiated 66: Entire section added, effective January 17, 1967, see L. 67, p. 10 of the supplement to the 1967 Session Laws.
Section 1. Qualifications of elector. Every citizen of the United States who has attained the age of eighteen years, has resided in this state for such time as may be prescribed by law, and has been duly registered as a voter if required by law shall be qualified to vote at all elections.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 51. L. 01: Entire section amended, p. 107. L. 62: Entire section amended, see L. 63, p. 1057. L. 88: Entire section amended, p. 1453, effective upon proclamation of the Governor, L. 89, p. 1657, January 3, 1989. Referred 2004: Entire section amended, p. 2745, § 1, effective upon proclamation of the Governor, L.2005, p. 2341, December 1, 2004.
Cross references: For the right of citizens eighteen years or older to vote, see article XXVI of the constitution of the United States; for the qualifications of electors, see also § 1-2-101.
Section 1a. Qualifications of elector - residence on federal land.
(First paragraph deleted by amendment, referred 2004, p. 2746, § 1, effective upon proclamation of the Governor, December 1, 2004.) Any person who otherwise meets the requirements of law for voting in this state shall not be denied the right to vote in an election because of residence on land situated within this state that is under the jurisdiction of the United States.
Source: L. 70: Entire section added, p. 446, effective upon proclamation of the Governor, December 7, 1970. Referred: 2004: Entire section amended, p. 2746, § 1, effective upon proclamation of the Governor, L.2005, p. 2341, December 1, 2004.
Cross references: For residence requirements as 'prescribed by law', see § 1- 2-101; for residency requirements in municipal elections, see § 31-10-201.
Section 2. Suffrage to women. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 52. L. 1893: Entire section amended, p. 256. L. 88: Entire section repealed, p. 1454, effective upon proclamation of the Governor, L. 89, p. 1657, January 3, 1989.
Cross references: For the right of women to vote, see art. XIX, U.S. Const.
Section 3. Educational qualifications of elector. (Deleted by amendment.)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 52. L. 90: Entire section amended, p. 1861, effective upon proclamation of the Governor, L. 91, p. 2033, January 3, 1991.
Section 4. When residence does not change. For the purpose of voting and eligibility to office, no person shall be deemed to have gained a residence by reason of his or her presence, or lost it by reason of his or her absence, while in the civil or military service of the state, or of the United States, nor while a student at any institution of learning, nor while kept at public expense in any asylum, nor while confined in public prison.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 52. Referred 2004: Entire section amended, p. 2746, § 1, effective upon proclamation of the Governor, L. 2005, p. 2341, December 1, 2004.
Cross references: For when residence does not change because of presence in the state as a student, inmate, or due to civil or military service, see also § 1-2-103.
Section 5. Privilege of voters. Voters shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 52.
Section 6. Electors only eligible to office. No person except a qualified elector shall be elected or appointed to any civil or military office in the state.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 52.
Cross references: For provision making qualified electors in general, primary, and special elections eligible to hold office, see also § 1-4-501; for provision making qualified electors in municipal elections eligible to hold office, see also § 31-10-301; for additional requirement for election to office of county commissioner, see § 30-10-306.
Section 7. General election. The general election shall be held on such day as may be prescribed by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 52. L. 92: Entire section amended, p. 2316, effective upon proclamation of the Governor, L. 93, p. 2163, January 14, 1993.
Cross references: For time for holding the general election, see also § 1-4- 201.
Section 8. Elections by ballot or voting machine. All elections by the people shall be by ballot, and in case paper ballots are required to be used, no ballots shall be marked in any way whereby the ballot can be identified as the ballot of the person casting it. The election officers shall be sworn or affirmed not to inquire or disclose how any elector shall have voted. In all cases of contested election in which paper ballots are required to be used, the ballots cast may be counted and compared with the list of voters, and examined under such safeguards and regulations as may be provided by law. Nothing in this section, however, shall be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election, provided that secrecy in voting is preserved. When the governing body of any county, city, city and county or town, including the city and county of Denver, and any city, city and county or town which may be governed by the provisions of special charter, shall adopt and purchase a voting machine, or voting machines, such governing body may provide for the payment therefor by the issuance of interest-bearing bonds, certificates of indebtedness or other obligations, which shall be a charge upon such city, city and county, or town; such bonds, certificates or other obligations may be made payable at such time or times, not exceeding ten years from date of issue, as may be determined, but shall not be issued or sold at less than par.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 52. L. 05: Entire section amended, p. 168. L. 46: Entire section amended, see. L. 47, p. 427.
Cross references: For notice and preparation for general, primary, and special elections, see article 4 of title 1; for notice and preparation for municipal elections, see § 31-10-501; for the conduct of general, primary, and special elections, see article 7 of title 1; for the conduct of municipal elections, see part 6 of article 10 of title 31; for voting machines for general, primary, and special elections, see article 5 of title 1; for voting machines for municipal elections, see part 7 of article 10 of title 31; for contests of general, primary, and special elections, see part 2 of article 11 of title 1; for contests of municipal elections, see part 13 of article 10 of title 31.
Section 9. No privilege to witness in election trial. In trials of contested elections, and for offenses arising under the election law, no person shall be permitted to withhold his testimony on the ground that it may criminate himself, or subject him to public infamy; but such testimony shall not be used against him in any judicial proceeding, except for perjury in giving such testimony.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 53.
Section 10. Disfranchisement during imprisonment. No person while confined in any public prison shall be entitled to vote; but every such person who was a qualified elector prior to such imprisonment, and who is released therefrom by virtue of a pardon, or by virtue of having served out his full term of imprisonment, shall without further action, be invested with all the rights of citizenship, except as otherwise provided in this constitution.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 53.
Cross references: For disfranchisement of prisoners and insane as to general, primary, and special elections, see § 1-2-103; for disfranchisement of prisoners as to municipal elections, see § 31-10-201.
Section 11. Purity of elections. The general assembly shall pass laws to secure the purity of elections, and guard against abuses of the elective franchise.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 53.
Cross references: For offenses committed in relation to general, primary, or special elections, see article 13 of title 1; for offenses committed in relation to municipal elections, see part 15 of article 10 of title 31.
Section 12. Election contests - by whom tried. The general assembly shall, by general law, designate the courts and judges by whom the several classes of election contests, not herein provided for, shall be tried, and regulate the manner of trial, and all matters incident thereto, but no such law shall apply to any contest arising out of an election held before its passage.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 53.
Cross references: For regulation of contests of general, primary, and special elections, see part 2 of article 11 of title 1; for regulation of contests of municipal elections, see part 13 of article 10 of title 31.
Section 1. Established and supported by state. Educational, reformatory and penal institutions, and those for the benefit of insane, blind, deaf and mute, and such other institutions as the public good may require, shall be established and supported by the state, in such manner as may be prescribed by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 53.
Cross references: For the university of Colorado, see article 20 and 20.5 of title 23; for the university of Colorado university hospital, see article 21 of title 23; for the university of Colorado psychiatric hospital, see article 22 of title 23; for the Colorado children's diagnostic center, see article 23 of tilte 23; for Colorado state university, see article 31 of title 23; for university of northern Colorado, see article 40 of title 23; for Colorado school of mines, see article 41 of title 23; for state colleges, see articles 50, 51, 52, 53, 54, and 56 of title 23; for Colorado state university - Pueblo, see article 55 of title 23; for community colleges, see article 60 of title 23; for the Colorado mental health institute at Pueblo, see article 13 of title 27; for the state regional centers for persons with developmental disabilities, see part 3 of article 10.5 of title 27; for state regional centers for persons with developmental disabilities, see part 3 of article 10.5 of title 27; for Colorado mental health institute at Fort Logan, see article 15 of title 27; for state correctional facilities, see § 17-1-104.3 and articles 20 and 25 of title 17; for the Colorado school for the deaf and the blind, see article 80 of title 2.
Section 2. Seat of government - where located. The general assembly shall have no power to change or to locate the seat of government of the state, which shall remain at the city and county of Denver.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 53. L. 88: Entire section amended, p. 1454, effective upon proclamation of the Governor, L. 89, p. 1657, January 3, 1989.
Section 3. Seat of government - how changed. When the seat of government shall have been located as herein provided, the location thereof shall not thereafter be changed, except by a vote of two-thirds of all the qualified electors of the state voting on that question, at a general election, at which the question of location of the seat of government shall have been submitted by the general assembly.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 54.
Section 4. Appropriation for capitol building. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 54. L. 88: Entire section repealed, p. 1454, effective upon proclamation of the Governor, L. 89, p. 1657, January 3, 1989.
Section 5. Educational institutions. (1) The following educational institutions are declared to be state institutions of higher education: The university at Boulder, Colorado Springs, and Denver; the university at Fort Collins; the school of mines at Golden; and such other institutions of higher education as now exist or may hereafter be established by law if they are designated by law as state institutions. The establishment, management, and abolition of the state institutions shall be subject to the control of the state, under the provisions of the constitution and such laws and regulations as the general assembly may provide; except that the regents of the university at Boulder, Colorado Springs, and Denver may, whenever in their judgment the needs of that institution demand such action, establish, maintain, and conduct all or any part of the schools of medicine, dentistry, nursing, and pharmacy of the university, together with hospitals and supporting facilities and programs related to health, at Denver; and further, that nothing in this section shall be construed to prevent state educational institutions from giving temporary lecture courses in any part of the state, or conducting class excursions for the purpose of investigation and study; and provided further, that subject to prior approval by the general assembly, nothing in this section shall be construed to prevent the state institutions of higher education from hereafter establishing, maintaining, and conducting or discontinuing centers, medical centers, or branches of such institutions in any part of the state.
(2) The governing boards of the state institutions of higher education, whether established by this constitution or by law, shall have the general supervision of their respective institutions and the exclusive control and direction of all funds of and appropriations to their respective institutions, unless otherwise provided by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 54. L. 09: Entire section amended, p. 324. L. 22: Entire section amended, effective December 21, 1922, see L. 23, p. 227. L. 72: Entire section amended, p. 644, effective upon proclamation of the Governor, January 11, 1973.
Cross references: For establishment and support of educational institutions, see § 1 of this article.
Section 1. Supervision of schools - board of education. (1) The general supervision of the public schools of the state shall be vested in a board of education whose powers and duties shall be as now or hereafter prescribed by law. Said board shall consist of a member from each congressional district of the state and, if the total number of such congressional districts is an even number, one additional member, and said members shall be elected as hereinafter provided. The members of said board shall be elected by the registered electors of the state, voting at general elections, in such manner and for such terms as may be by law prescribed; provided, that provisions may be made by law for election of a member from each congressional district of the state by the electors of such district; and provided, further, that each member from a congressional district of the state shall be a qualified elector of such district. If the total number of congressional districts of the state is an even number, the additional member of said board shall be elected from the state at large. The members of said board shall serve without compensation, but they shall be reimbursed for any necessary expenses incurred by them in performing their duties as members of said board.
(2) The commissioner of education shall be appointed by the board of education and shall not be included in the classified civil service of the state.
(3) The qualifications, tenure, compensation, powers, and duties of said commissioner shall be as prescribed by law, subject to the supervision of said board.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 54. L. 48: Entire section amended, see L. 49, p. 359. L. 92: Entire section amended, p. 2316, effective upon proclamation of the Governor, L. 93, p. 2163, January 14, 1993.
Cross references: For education generally, see title 22.
Section 2. Establishment and maintenance of public schools. The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state, between the ages of six and twenty-one years, may be educated gratuitously. One or more public schools shall be maintained in each school district within the state, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 55.
Cross references: For residence of child in school district, see § 22-1-102.
Section 3. School fund inviolate. The public school fund of the state shall, except as provided in this article IX, forever remain inviolate and intact and the interest and other income thereon, only, shall be expended in the maintenance of the schools of the state, and shall be distributed amongst the several counties and school districts of the state, in such manner as may be prescribed by law. No part of this fund, principal, interest, or other income shall ever be transferred to any other fund, or used or appropriated, except as provided in this article IX. The state treasurer shall be the custodian of this fund, and the same shall be securely and profitably invested as may be by law directed. The state shall supply all losses thereof that may in any manner occur.
In order to assist public schools in the state in providing necessary buildings, land, and equipment, the general assembly may adopt laws establishing the terms and conditions upon which the state treasurer may (1) invest the fund in bonds of school districts, (2) use all or any portion of the fund or the interest or other income thereon to guaranty bonds issued by school districts, or (3) make loans to school districts. Distributions of interest and other income for the benefit of public schools provided for in this article IX shall be in addition to and not a substitute for other moneys appropriated by the general assembly for such purposes.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 55. Initiated 96: Entire section amended, effective upon proclamation of the Governor, L. 97, p. 2399, December 26, 1996.
Cross references: For the public school fund, see also article 41 of title 22; for pledging the credit of a state, county, city, town or school district, see § 1 of art. XI, Colo. Const.
Section 4. County treasurer to collect and disburse. Each county treasurer shall collect all school funds belonging to his county, and the several school districts therein, and disburse the same to the proper districts upon warrants drawn by the county superintendent, or by the proper district authorities, as may be provided by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 55.
Section 5. Of what school fund consists. The public school fund of the state shall consist of the proceeds of such land as have heretofore been, or may hereafter, be granted to the state by the general government for educational purposes; all estates that may escheat to the state; also all other grants, gifts or devises that may be made to this state for educational purpose.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 55.
Section 6. County superintendent of schools. There may be a county superintendent of schools in each county, whose term of office shall be four years, and whose duties, qualifications, and compensation shall be prescribed by law.
The provisions of section 8 of article XIV of this constitution to the contrary notwithstanding, the office of county superintendent of schools may be abolished by any county if the question of the abolishment of said office is first submitted, at a general election, to a vote of the qualified electors of said county and approved by a majority of the votes cast thereon. In any county so voting in favor of such abolishment, the office of county superintendent of schools and the term of office of any incumbent in said county shall terminate on June 30 following.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 55. L. 64: Entire section amended, p. 840.
Cross references: For change of term of county superintendent of schools to four years, compare § 8 of article XIV as amended November 2, 1954; for disposition of duties in counties abolishing the office, see § 30-10-1011.
Section 7. Aid to private schools, churches, sectarian purpose, forbidden. Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money or other personal property, ever be made by the state, or any such public corporation to any church, or for any sectarian purpose.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 55.
Cross references: For religious freedom, see § 4 of art. II, Colo. Const.; for prohibition against appropriation to private institutions, see § 34 of art. V, Colo. Const.
Section 8. Religious test and race discrimination forbidden - sectarian tenets. No religious test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the state, either as a teacher or student; and no teacher or student of any such institution shall ever be required to attend or participate in any religious service whatsoever. No sectarian tenets or doctrines shall ever be taught in the public school, nor shall any distinction or classification of pupils be made on account of race or color, nor shall any pupil be assigned or transported to any public educational institution for the purpose of achieving racial balance.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 56. Initiated 74: Entire section amended, effective upon proclamation of the Governor, December 20, 1974.
Cross references: For religious freedom, see § 4 of art. II, Colo. Const.
Section 9. State board of land commissioners. (1) The state board of land commissioners shall be composed of five persons to be appointed by the governor, with the consent of the senate, one of whom shall be elected by the board as its president.
(2) The governor shall endeavor to appoint members of the board who reside in different geographic regions of the state. The board shall be composed of one person with substantial experience in production agriculture, one person with substantial experience in public primary or secondary education, one person with substantial experience in local government and land use planning, one person with substantial experience in natural resource conservation, and one citizen at large.
(3) The governor shall appoint a new board of land commissioners on or before May 1, 1997. The term of each member shall be for four years; except that of the first board members appointed under this subsection (3), two members shall be appointed for terms that expire June 30, 1999, and three members shall be appointed for terms that expire June 30, 2001. No member shall serve more than two consecutive terms. Members of the board shall be subject to removal, and vacancies on the board shall be filled, as provided in article IV, section 6 of this constitution.
(4) The board shall, pursuant to section 13 of article XII of this constitution, hire a director with the consent of the governor, and, through the director, a staff, and may contract for office space, acquire equipment and supplies, and enter into contracts as necessary to accomplish its duties. Payment for goods, services, and personnel shall be made from the income from the trust lands. The general assembly shall annually appropriate from the income from the trust lands, sufficient moneys to enable the board to perform its duties and in that regard shall give deference to the board's assessment of its budgetary needs.
The members of the board shall not, by virtue of their appointment, be employees of the state; they may be reimbursed for their reasonable and necessary expenses and may, in addition, receive such per diem as may be established by the general assembly, from the income from the trust lands.
(5) The individual members of the board shall have no personal liability for any action or failure to act as long as such action or failure to act does not involve willful or intentional malfeasance or gross negligence.
(6) The board shall serve as the trustee for the lands granted to the state in public trust by the federal government, lands acquired in lieu thereof, and additional lands held by the board in public trust. It shall have the duty to manage, control, and dispose of such lands in accordance with the purposes for which said grants of land were made and section 10 of this article IX, and subject to such terms and conditions consistent therewith as may be prescribed by law.
(7) The board shall have the authority to undertake nonsimultaneous exchanges of land, by directing that the proceeds from a particular sale or other disposition be deposited into a separate account to be established by the state treasurer with the interest thereon to accrue to such account, and withdrawing therefrom an equal or lesser amount to be used as the purchase price for other land to be held and managed as provided in this article, provided that the purchase of lands to complete such an exchange shall be made within two years of the initial sale or disposition. Any proceeds, and the interest thereon, from a sale or other disposition which are not expended in completing the exchange shall be transferred by the state treasurer to the public school fund or such other trust fund maintained by the treasurer for the proceeds of the trust lands disposed of or sold. Moneys held in the separate account shall not be used for the operating expenses of the board or for expenses incident to the disposition or acquisition of lands.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 56. L. 09: Entire section amended, p. 322, effective January 10, 1911. L. 92: Entire section amended, p. 2317, effective upon proclamation of the Governor, L. 93, p. 2163, January 14, 1993. Initiated 96: Entire section amended, effective upon proclamation of the Governor, L.97, p. 2399, December 26, 1996. Referred 2004: Section 9 (3) amended, p. 2746, § 1, effective upon proclamation of the Governor, L. 2005, p. 2341, December 1, 2004.
Cross references: For salaries of state board of land commissioners 'provided by law', see § 24-9-102; for state board of land commissioners, see also article 1 of title 36.
Section 10. Selection and management of public trust lands.
(1) The people of the state of Colorado recognize (a) that the state school lands are an endowment of land assets held in a perpetual, inter-generational public trust for the support of public schools, which should not be significantly diminished, (b) that the disposition and use of such lands should therefore benefit public schools including local school districts, and (c) that the economic productivity of all lands held in public trust is dependent on sound stewardship, including protecting and enhancing the beauty, natural values, open space and wildlife habitat thereof, for this and future generations. In recognition of these principles, the board shall be governed by the standards set forth in this section 10 in the discharge of its fiduciary obligations, in addition to other laws generally applicable to trustees. It shall be the duty of the state board of land commissioners to provide for the prudent management, location, protection, sale, exchange, or other disposition of all the lands heretofore, or which may hereafter be, held by the board as trustee pursuant to section 9(6) of this article IX, in order to produce reasonable and consistent income over time. In furtherance thereof, the board shall:
(a) Prior to the lease, sale, or exchange of any lands for commercial, residential or industrial development, determine that the income from the lease, sale, or exchange can reasonably be anticipated to exceed the fiscal impact of such development on local school districts and state funding of education from increased school enrollment associated with such development;
(b) Protect and enhance the long-term productivity and sound stewardship of the trust lands held by the board, by, among other activities:
(I) Establishing and maintaining a long-term stewardship trust of up to 300,000 acres of land that the board determines through a statewide public nomination process to be valuable primarily to preserve long-term benefits and returns to the state; which trust shall be held and managed to maximize options for continued stewardship, public use, or future disposition, by permitting only those uses, not necessarily precluding existing uses or management practices, that will protect and enhance the beauty, natural values, open space, and wildlife habitat thereof; at least 200,000 acres of which land shall be designated on or before January 1, 1999, and at least an additional 95,000 acres of which land shall be designated on or before January 1, 2001; specific parcels of land held in the stewardship trust may be removed from the trust only upon the affirmative vote of four members of the board and upon the designation or exchange of an equal or greater amount of additional land into said trust.
(II) Including in agricultural leases terms, incentives, and lease rates that will promote sound stewardship and land management practices, long-term agricultural productivity, and community stability;
(III) Managing the development and utilization of natural resources in a manner which will conserve the long-term value of such resources, as well as existing and future uses, and in accordance with state and local laws and regulations; and
(IV) Selling or leasing conservation easements, licenses and other similar interests in land.
(c) Comply with valid local land use regulations and land use plans.
(d) Allow access by public schools without charge for outdoor educational purposes so long as such access does not conflict with uses previously approved by the board on such lands.
(e) Provide opportunities for the public school districts within which such lands are located to lease, purchase, or otherwise use such lands or portions thereof as are necessary for school building sites, at an amount to be determined by the board, which shall not exceed the appraised fair market value, which amount may be paid over time.
(2) No law shall ever be passed by the general assembly granting any privileges to persons who may have settled upon any such public trust lands subsequent to the survey thereof by the general government, by which the amount to be derived by the sale, or other disposition of such lands, shall be diminished, directly or indirectly.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 56. L. 96: Entire section amended, effective upon proclamation of the Governor, L.97, p. 2401, December 26, 1996.
Cross references: For the sale of state lands, see also § 36-1-124.
Section 11. Compulsory education. The general assembly may require, by law, that every child of sufficient mental and physical ability, shall attend the public school during the period between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 56.
Section 12. Regents of university. There shall be nine regents of the university of Colorado who shall be elected in the manner prescribed by law for terms of six years each. Said regents shall constitute a body corporate to be known by the name and style of 'The Regents of the University of Colorado'.
The board of regents shall select from among its members a chairman who shall conduct the meetings of the board and a vice-chairman who shall assume the duties of the chairman in case of his absence.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 57. L. 72: Entire section R&RE, p. 645, effective July 1, 1973.
Cross references: For regents of the university, see also article 20 of title 23; for power to establish, maintain and conduct departments of medicine, dentistry, and pharmacy of the university, see § 5 of art. VIII, Colo. Const.; for control over university of Colorado university hospital, see article 21 of title 23.
Section 13. President of university. The regents of the university shall elect a president of the university who shall hold his office until removed by the board of regents. He shall be the principal executive officer of the university, a member of the faculty thereof, and shall carry out the policies and programs established by the board of regents.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 57. L. 72: Entire section R&RE, p. 645, effective July 1, 1973.
Section 14. Control of university. (Repealed)
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 57. L. 72: Entire section repealed, p. 645, effective upon proclamation of the Governor, January 11, 1973.
Section 15. School districts - board of education. The general assembly shall, by law, provide for organization of school districts of convenient size, in each of which shall be established a board of education, to consist of three or more directors to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public schools of their respective districts.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 57.
Cross references: For requirement that one or more public schools be maintained in each district, see § 2 of this article.
Section 16. Textbooks in public schools. Neither the general assembly nor the state board of education shall have power to prescribe textbooks to be used in the public schools.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 57.
Section 17. Education - Funding. (1) Purpose. In state fiscal year 2001-2002 through state fiscal year 2010-2011, the statewide base per pupil funding, as defined by the Public School Finance Act of 1994, article 54 of title 22, Colorado Revised Statutes on the effective date of this section, for public education from preschool through the twelfth grade and total state funding for all categorical programs shall grow annually at least by the rate of inflation plus an additional one percentage point. In state fiscal year 2011-2012, and each fiscal year thereafter, the statewide base per pupil funding for public education from preschool through the twelfth grade and total state funding for all categorical programs shall grow annually at a rate set by the general assembly that is at least equal to the rate of inflation.
(2) Definitions. For purposes of this section: (a) 'Categorical programs' include transportation programs, English language proficiency programs, expelled and at-risk student programs, special education programs
(including gifted and talented programs), suspended student programs, vocational education programs, small attendance centers, comprehensive health education programs, and other current and future accountable programs specifically identified in statute as a categorical program.
(b) 'Inflation' has the same meaning as defined in article X, section 20, subsection (2), paragraph (f) of the Colorado constitution.
(3) Implementation. In state fiscal year 2001-2002 and each fiscal year thereafter, the general assembly may annually appropriate, and school districts may annually expend, monies from the state education fund created in subsection (4) of this section. Such appropriations and expenditures shall not be subject to the statutory limitation on general fund appropriations growth, the limitation on fiscal year spending set forth in article X, section 20 of the Colorado constitution, or any other spending limitation existing in law.
(4) State Education Fund Created. (a) There is hereby created in the department of the treasury the state education fund. Beginning on the effective date of this measure, all state revenues collected from a tax of one third of one percent on federal taxable income, as modified by law, of every individual, estate, trust and corporation, as defined in law, shall be deposited in the state education fund. Revenues generated from a tax of one third of one percent on federal taxable income, as modified by law, of every individual, estate, trust and corporation, as defined in law, shall not be subject to the limitation on fiscal year spending set forth in article X, section 20 of the Colorado constitution. All interest earned on monies in the state education fund shall be deposited in the state education fund and shall be used before any principal is depleted. Monies remaining in the state education fund at the end of any fiscal year shall remain in the fund and not revert to the general fund.
(b) In state fiscal year 2001-2002, and each fiscal year thereafter, the general assembly may annually appropriate monies from the state education fund. Monies in the state education fund may only be used to comply with subsection (1) of this section and for accountable education reform, for accountable programs to meet state academic standards, for class size reduction, for expanding technology education, for improving student safety, for expanding the availability of preschool and kindergarten programs, for performance incentives for teachers, for accountability reporting, or for public school building capital construction.
(5) Maintenance of Effort. Monies appropriated from the state education fund shall not be used to supplant the level of general fund appropriations existing on the effective date of this section for total program education funding under the Public School Finance Act of 1994, article 54 of title 22, Colorado Revised Statutes, and for categorical programs as defined in subsection (2) of this section. In state fiscal year 2001-2002 through state fiscal year 2010-2011, the general assembly shall, at a minimum, annually increase the general fund appropriation for total program under the 'Public School Finance Act of 1994,' or any successor act, by an amount not below five percent of the prior year general fund appropriation for total program under the 'Public School Finance Act of 1994,' or any successor act. This general fund growth requirement shall not apply in any fiscal year in which Colorado personal income grows less than four and one half percent between the two previous calendar years.
Source: Initiated 2000: Entire section added, effective upon proclamation of the Governor, L. 2001, p. 2387, December 28, 2000.
Section 1. Fiscal year. The fiscal year shall commence on the first day of October in each year, unless otherwise provided by law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 57.
Editor s note: The fiscal period begins on July 1 in each year, pursuant to § 24-30-204.
Cross references: For taxation generally, see title 39.
Section 2. Tax provided for state expenses. The general assembly shall provide by law for an annual tax sufficient, with other resources, to defray the estimated expenses of the state government for each fiscal year.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 57.
Cross references: For maximum rate of taxation, see § 11 of this article.
Section 3. Uniform taxation - exemptions. (1) (a) Each property tax levy shall be uniform upon all real and personal property not exempt from taxation under this article located within the territorial limits of the authority levying the tax. The actual value of all real and personal property not exempt from taxation under this article shall be determined under general laws, which shall prescribe such methods and regulations as shall secure just and equalized valuations for assessments of all real and personal property not exempt from taxation under this article. Valuations for assessment shall be based on appraisals by assessing officers to determine the actual value of property in accordance with provisions of law, which laws shall provide that actual value be determined by appropriate consideration of cost approach, market approach, and income approach to appraisal. However, the actual value of residential real property shall be determined solely by consideration of cost approach and market approach to appraisal; and, however, the actual value of agricultural lands, as defined by law, shall be determined solely by consideration of the earning or productive capacity of such lands capitalized at a rate as prescribed by law.
(b) Residential real property, which shall include all residential dwelling units and the land, as defined by law, on which such units are located, and mobile home parks, but shall not include hotels and motels, shall be valued for assessment at twenty-one percent of its actual value. For the property tax year commencing January 1, 1985, the general assembly shall determine the percentage of the aggregate statewide valuation for assessment which is attributable to residential real property. For each subsequent year, the general assembly shall again determine the percentage of the aggregate statewide valuation for assessment which is attributable to each class of taxable property, after adding in the increased valuation for assessment attributable to new construction and to increased volume of mineral and oil and gas production. For each year in which there is a change in the level of value used in determining actual value, the general assembly shall adjust the ratio of valuation for assessment for residential real property which is set forth in this paragraph
(b) as is necessary to insure that the percentage of the aggregate statewide valuation for assessment which is attributable to residential real property shall remain the same as it was in the year immediately preceding the year in which such change occurs. Such adjusted ratio shall be the ratio of valuation for assessment for residential real property for those years for which such new level of value is used. In determining the adjustment to be made in the ratio of valuation for assessment for residential real property, the aggregate statewide valuation for assessment that is attributable to residential real property shall be calculated as if the full actual value of all owner-occupied primary residences that are partially exempt from taxation pursuant to section 3.5 of this article was subject to taxation. All other taxable property shall be valued for assessment at twenty-nine percent of its actual value. However, the valuation for assessment for producing mines, as defined by law, and lands or leaseholds producing oil or gas, as defined by law, shall be a portion of the actual annual or actual average annual production therefrom, based upon the value of the unprocessed material, according to procedures prescribed by law for different types of minerals. Nonproducing unpatented mining claims, which are possessory interests in real property by virtue of leases from the United States of America, shall be exempt from property taxation.
(c) The following classes of personal property, as defined by law, shall be exempt from property taxation: Household furnishings and personal effects which are not used for the production of income at any time; inventories of merchandise and materials and supplies which are held for consumption by a business or are held primarily for sale; livestock; agricultural and livestock products; and agricultural equipment which is used on the farm or ranch in the production of agricultural products.
(d) Ditches, canals, and flumes owned and used by individuals or corporations for irrigating land owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed so long as they shall be owned and used exclusively for such purposes.
(2) (a) During each property tax year beginning with the property tax year which commences January 1, 1983, the general assembly shall cause a valuation for assessment study to be conducted. Such study shall determine whether or not the assessor of each county has complied with the property tax provisions of this constitution and of the statutes in valuing property and has determined the actual value and valuation for assessment of each and every class of taxable real and personal property consistent with such provisions. Such study shall sample at least one percent of each and every class of taxable real and personal property in the county.
(b) (I) If the study conducted during the property tax year which commences January 1, 1983, shows that a county assessor did not comply with the property tax provisions of this constitution or the statutes or did not determine the actual value or the valuation for assessment of any class or classes of taxable real and personal property consistent with such provisions, the state board of equalization shall, during such year, order such county assessor to reappraise during the property tax year which commences January 1, 1984, such class or classes for such year. Such reappraisal shall be performed at the expense of the county.
(II) If the study performed during the property tax year which commences January 1, 1984, shows that the county assessor failed to reappraise such class or classes as ordered or failed in his reappraisal to meet the objections of the state board of equalization, the state board of equalization shall cause a reappraisal of such class or classes to be performed in the property tax year which commences January 1, 1985. The cost of such reappraisal shall be paid by the state by an appropriation authorized by law. However, if such reappraisal shows that the county assessor did not value or assess taxable property as prescribed by the provisions of this constitution or of the statutes, upon certification to the board of county commissioners by the state board of equalization of the cost thereof, the board of county commissioners shall pay to the state the cost of such reappraisal.
(III) The reappraisal performed in the property tax year which commences January 1, 1985, shall become the county's abstract for assessment with regard to such reappraised class or classes for such year. The state board of equalization shall order the county's board of county commissioners to levy, and the board of county commissioners shall levy, in 1985 an additional property tax on all taxable property in the county in an amount sufficient to repay, and the board of county commissioners shall repay, the state for any excess payment made by the state to school districts within the county during the property tax year which commences January 1, 1985.
(c) (I) Beginning with the property tax year which commences January 1, 1985, and applicable to each property tax year thereafter, the annual study conducted pursuant to paragraph (a) of this subsection (2) shall, in addition to the requirements set forth in paragraph (a) of this subsection (2), set forth the aggregate valuation for assessment of each county for the year in which the study is conducted.
(II) If the valuation for assessment of a county as reflected in its abstract for assessment is more than five percent below the valuation for assessment for such county as determined by the study, during the next following year, the state board of equalization shall cause to be performed, at the expense of the county, a reappraisal of any class or classes of taxable property which the study shows were not appraised consistent with the property tax provisions of this constitution or the statutes. The state board of equalization shall cause to be performed during the next following year, at the expense of the county, a reappraisal of any class or classes of taxable property which the study shows were not appraised consistent with the property tax provisions of this constitution or the statutes even though the county's aggregate valuation for assessment as reflected in the county's abstract for assessment was not more than five percent below the county's aggregate valuation for assessment as determined by the study. The reappraisal shall become the county's valuation for assessment with regard to such reappraised class or classes for the year in which the reappraisal was performed.
(III) In any case in which a reappraisal is ordered, state equalization payments to school districts within the county during the year in which the reappraisal is performed shall be based upon the valuation for assessment as reflected in the county's abstract for assessment. The state board of equalization shall also order the board of county commissioners of the county to impose, and the board of county commissioners shall impose, at the time of imposition of property taxes during such year an additional property tax on all taxable property within the county in an amount sufficient to repay, and the board of county commissioners shall repay, the state for any excess payments made by the state to school districts within the county during the year in which such reappraisal was performed plus interest thereon at a rate and for such time as are prescribed by law.
(IV) If the valuation for assessment of a county as reflected in its abstract for assessment is more than five percent below the valuation for assessment for such county as determined by the study and if the state board of equalization fails to order a reappraisal, state equalization payments to school districts within the county during the year following the year in which the study was conducted shall be based upon the valuation for assessment for the county as reflected in the county's abstract for assessment. The board of county commissioners of such county shall impose in the year in which such school payments are made an additional property tax on all taxable property in the county in an amount sufficient to repay, and the board of county commissioners shall repay, the state for the difference between the amount the state actually paid in state equalization payments during such year and what the state would have paid during such year had such state payments been based on the valuation for assessment as determined by the study.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 58. L. 1879: Entire section amended, p. 31. L. 1891: Entire section amended, p. 89. L. 03: Entire section amended, p. 152. L. 56: Entire section amended, see L. 57, p. 796. L. 82: Entire section amended, p. 691, effective upon proclamation of the Governor, December 30, 1982. L. 88: (1) (b) amended, p. 1457, effective upon proclamation of the Governor, L. 89, p. 1662, January 3, 1989. L. 2000: (1) (b) amended, p. 2783, effective upon proclamation of the Governor, December 28, 2000.
Cross references: For provisions concerning property valuation by market approach only, see § 20 of this article and § 39-1-103 (5)(a); for provisions concerning the recording of affidavits of annual labor regarding unpatented mining claims, see §§ 30-1-103 and 34-43-114; for exceptions, see article 3 of title 39; for valuation and assessment of public utilities, see article 4 of title 39; for valuation of real and personal property, see article 5 of title 39; for valuation of mines, see article 6 of title 39; for valuation of oil and gas leaseholds and lands, see article 7 of title 39; for statutory provisions as to sales and use tax, see article 26 of title 39; for motor fuel and special fuel tax, see article 27 of title 39; for cigarette tax, see article 28 of title 39; for inheritance and succession tax, see article 23 of title 39.
Section 3.5. Homestead exemption for qualifying senior citizens.
(1) For property tax years commencing on or after January 1, 2002, fifty percent of the first two hundred thousand dollars of actual value of residential real property, as defined by law, that, as of the assessment date, is owner-occupied and is used as the primary residence of the owner-occupier shall be exempt from property taxation if:
(a) The owner-occupier is sixty-five years of age or older as of the assessment date and has owned and occupied such residential real property as his or her primary residence for the ten years immediately preceding the assessment date; or
(b) The owner-occupier is the spouse or surviving spouse of an owneroccupier who previously qualified for a property tax exemption for the same residential real property under paragraph (a) of this subsection (1).
(2) Notwithstanding the provisions of subsection (1) of this section, section 20 of this article, or any other constitutional provision, for any property tax year commencing on or after January 1, 2003, the general assembly may raise or lower by law the maximum amount of actual value of residential real property of which fifty percent shall be exempt under subsection (1) of this section.
(3) For any property tax year commencing on or after January 1, 2002, the general assembly shall compensate each local governmental entity that receives property tax revenues for the net amount of property tax revenues lost as a result of the property tax exemption provided for in this section. For purposes of section 20 of article X of this constitution, such compensation shall not be included in local government fiscal year spending and approval of this section by the voters statewide shall constitute a voter-approved revenue change to allow the maximum amount of state fiscal year spending for the 2001-02 state fiscal year to be increased by forty-four million one hundred twenty-three thousand six hundred four dollars and to include said amount in state fiscal year spending for said state fiscal year for the purpose of calculating subsequent state fiscal year spending limits. Payments made from the state general fund to compensate local governmental entities for property tax revenues lost as a result of the property tax exemption provided for in this section shall not be subject to any statutory limitation on general fund appropriations because the enactment of this section by the people of Colorado constitutes voter approval of a weakening of any such limitation.
Source: L. 2000: Entire section added, p.2784, effective upon proclamation of the Governor, December 28, 2000.
Section 4. Public property exempt. The property, real and personal, of the state, counties, cities, towns and other municipal corporations and public libraries, shall be exempt from taxation.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 58.
Section 5. Property used for religious worship, schools and charitable purposes exempt. Property, real and personal, that is used solely and exclusively for religious worship, for schools or for strictly charitable purposes, also cemeteries not used or held for private or corporate profit, shall be exempt from taxation, unless otherwise provided by general law.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 58. L. 36, 2nd Ex. Sess.: Entire section amended, p. 107, see L. 37, p. 1034.
Section 6. Self-propelled equipment, motor vehicles, and certain other movable equipment. The general assembly shall enact laws classifying motor vehicles and also wheeled trailers, semi-trailers, trailer coaches, and mobile and self-propelled construction equipment, prescribing methods of determining the taxable value of such property, and requiring payment of a graduated annual specific ownership tax thereon, which tax shall be in lieu of all ad valorem taxes upon such property; except that such laws shall not exempt from ad valorem taxation any such property in process of manufacture or held in storage, or which constitutes the inventory of manufacturers or distributors thereof or dealers therein; and further except that the general assembly shall provide by law for the taxation of mobile homes. Such graduated annual specific ownership tax shall be in addition to any state registration or license fees imposed on such property, shall be payable to a designated county officer at the same time as any such registration or license fees are payable, and shall be apportioned, distributed, and paid over to the political subdivisions of the state in such manner as may be prescribed by law. All laws exempting from taxation property other than that specified in this article shall be void.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 58. L. 36: Entire section amended, see L. 37, p. 326. L. 66: Entire section R&RE, see L. 67, p. 3 of the supplement to the 1967 Session Laws. L. 75: Entire section amended, p. 1579.
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