COLORADO LEGISLATIVE DRAFTING MANUAL

COLORADO

LEGISLATIVE

DRAFTING

MANUAL

prepared by

THE OFFICE OF LEGISLATIVE

LEGAL SERVICES

an agency of the

Colorado General Assembly

Online Edition

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

INTRODUCTORY NOTE

This Legislative Drafting Manual is designed primarily for legislative drafters in the

Colorado General Assembly's Office of Legislative Legal Services. The first edition of the

Drafting Manual was prepared in 1977 by the Legislative Drafting Office. Subsequent

editions have occurred over the years and updates have been issued through replacement

pages. Effective October 2009, the Drafting Manual will be updated electronically.

Corrections or comments should be directed to:

Office of Legislative Legal Services

091 State Capitol Building

Denver, CO 80203

Tel: 303-866-2045 Fax: 303-866-4157

http://leg.colorado.gov/agencies/office-of-legislative-legal-services

[email protected]

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COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

SUMMARY OF CONTENTS

INTRODUCTION TO DRAFTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1

DRAFTING A BILL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1

AMENDMENTS TO BILLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1

CONFERENCE COMMITTEE REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1

SPECIAL RULES AND TECHNIQUES OF DRAFTING AND

GRAMMAR AND STYLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1

EXECUTIVE BRANCH AGENCIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1

FUNDING: APPROPRIATIONS, TRANSFERS, AND SPECIAL FUNDS. . . . . . . . . 7-1

REVENUE-RAISING BILLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1

ARTICLE X, SECTION 20 THE TAXPAYER'S BILL OF RIGHTS (TABOR). . . . . . . 9-1

RESOLUTIONS AND MEMORIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1

THE INITIATIVE PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1

GUIDELINES FOR DRAFTING UNIFORM ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1

APPENDIX A EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS . . . . A-1

APPENDIX B AMENDING CLAUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1

APPENDIX C AMENDMENT SAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1

APPENDIX D CONFERENCE COMMITTEE REPORTS . . . . . . . . . . . . . . . . . . . . . D-1

APPENDIX E SAMPLE APPROPRIATION CLAUSES . . . . . . . . . . . . . . . . . . . . . . . E-1

APPENDIX F MATERIALS RELATING TO BILL DRAFTING. . . . . . . . . . . . . . . . F-1

APPENDIX G INITIATIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-1

APPENDIX H SAMPLE CLAUSES:

AGENCY RULE-MAKING AUTHORIZED. . . . . . . . . . . . . . . . . . . . . . . . . . . H-1

APPENDIX I GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1

APPENDIX J MEMO SECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-1

APPENDIX K SAMPLE EFFECTIVE DATE CLAUSES . . . . . . . . . . . . . . . . . . . . . . K-1

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COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

TABLE OF CONTENTS

INTRODUCTORY NOTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0-1

SUMMARY OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0-2

TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0-3

PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0-21

CHAPTER 1: INTRODUCTION TO DRAFTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1

1.1 REQUESTS FOR DRAFTING SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1

1.1.1 Duty of Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1

1.1.2 Bill Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1

1.1.3 Duplicate Bill Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

1.2 PRELIMINARY DRAFTING CONSIDERATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4

1.2.1 Purpose and Scope of Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4

1.2.2 Constitutional Factors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6

1.2.2.1 United States Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6

1.2.2.2 Colorado Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7

1.2.3 Federal Preemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7

1.2.4 Approval or Rejection of Prior Colorado Case Law. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-8

1.2.5 Colorado Revised Statutes - Statutory Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-8

1.2.6 Rules of the General Assembly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-8

1.3 SOURCES FOR RESEARCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9

1.3.1 Colorado Revised Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9

1.3.2 Session Laws of Colorado. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10

1.3.3 Red Book. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10

1.3.4 Bills from Prior Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10

1.3.5 Bills of Current Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11

1.3.6 Laws and Bills of Other States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11

1.3.7 Uniform and Model Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11

1.4 PREPARING TO DRAFT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-12

1.4.1 Analyzing the Kind of Bill Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-12

1.4.1.1 Creating New Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-12

1.4.1.2 Amending or Repealing Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-12

1.4.2 Outlining the Provisions of the Bill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13

1.4.2.1 Suggested Bill Outline Structure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13

1.4.2.2 Suggested Article Outline Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13

1.4.3 Preparing Bills from Drafts Originating Outside the Office of Legislative Legal Services

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14

1.4.4 Use of Drafting Notes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14

1.5 WORKFLOW OF BILL PREPARATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15

1.6 TRACKING A BILL THROUGH THE LEGISLATIVE PROCESS. . . . . . . . . . . . . . . . . . . . 1-16

CHAPTER 2: DRAFTING A BILL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1

2.1 TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1

2.1.1 The Single-Subject Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1

2.1.2 Titles - General, Specific, Narrow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2

2.1.3 Guidelines for Drafting Bill Titles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3

2.1.4 Titles on Recodification Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6

2.1.5 Amendments to Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6

2.2 BILL TOPIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6

2.2.1 Guidelines for Drafting Bill Topics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7

2.3 BILL SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8

2.3.1 Guidelines for Drafting Bill Summaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8

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2.3.2 Policy for Updating Bill Summaries After Bills are Reengrossed . . . . . . . . . . . . . . . 2-10

2.4 ENACTING CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12

2.5 BODY OF A BILL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12

2.5.1 Prohibition on Introduction by Title Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12

2.5.2 Sectioning and Paragraphing - Terminology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12

2.5.3 Section Headings - Headnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-13

2.5.4 Amending Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-14

2.5.4.1 General Rules for Drafting Amending Clauses . . . . . . . . . . . . . . . . . . . . . 2-14

2.5.4.2 Amending Current Statutory Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-15

2.5.4.2.1 Simple Amendment to a Single C.R.S. Section . . . . . . . . . . . . . 2-15

2.5.4.2.2 Multiple Amendments Within the Same C.R.S. Section. . . . . . 2-15

2.5.4.2.3 Amending an Entire Provision . . . . . . . . . . . . . . . . . . . . . . . . . 2-16

2.5.4.3 Adding New Statutory Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-17

2.5.4.3.1 New Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-17

2.5.4.3.2 New Subsections, Paragraphs, Subparagraphs, and Sub-

subparagraphs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-17

2.5.4.3.3 New Titles, Articles, and Parts . . . . . . . . . . . . . . . . . . . . . . . . . 2-18

2.5.4.4 Repealing and Reenacting Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . 2-19

2.5.4.5 Repealing Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-20

2.5.4.5.1 General Repeals and Repeals by Implication . . . . . . . . . . . . . . 2-22

2.5.4.5.2 Future Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-22

2.5.4.5.3 Repealing Administrative Rules . . . . . . . . . . . . . . . . . . . . . . . . 2-23

2.5.4.6 Recodification Showing Relocation of Provisions . . . . . . . . . . . . . . . . . . . 2-23

2.5.4.7 Recreating and Reenacting Former Law . . . . . . . . . . . . . . . . . . . . . . . . . . 2-24

2.5.5 Conforming Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-24

2.5.6 Short Title or a Name of a Law in the C.R.S.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-25

2.6 SPECIAL CLAUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-25

2.6.1 Saving Clause - Grandfather Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-26

2.6.1.1 Examples of Specific Saving Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-26

2.6.1.2 Grandfather Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-27

2.6.1.3 General Saving Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-28

2.6.2 Severability Clause - Nonseverability Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-28

2.6.3 Effective Date Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-29

2.6.3.1 Bills That Include a Safety Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-29

2.6.3.2 Bills That Do Not Include a Safety Clause. . . . . . . . . . . . . . . . . . . . . . . . . 2-30

2.6.3.3 Specifying an Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-30

2.6.4 Applicability Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-33

2.6.5 Safety Clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-34

2.6.5.1 Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-34

2.6.5.2 Points of Importance Regarding the Safety Clause . . . . . . . . . . . . . . . . . . 2-34

2.6.5.3 Bills with a Safety Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-36

2.6.5.3.1 Safety Clause - No Effective Date Specified . . . . . . . . . . . . . . . 2-36

2.6.5.3.2 Safety Clause - with Specified Effective Date . . . . . . . . . . . . . . 2-36

2.6.5.3.3 Safety Clause - with Specified Effective Date - with Applicability

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-36

2.6.5.3.4 Safety Clause - with Applicability . . . . . . . . . . . . . . . . . . . . . . . 2-37

2.6.5.4 Bills Without a Safety Clause - Act Subject to Petition Clause . . . . . . . . . 2-37

2.6.5.4.1 Act Subject to Petition Clause - No Effective Date Specified . . 2-37

2.6.5.4.2 Use Care When Selecting an Act Subject to Petition Clause to Avoid

a Problem with the Effective Date . . . . . . . . . . . . . . . . . . . . . . . 2-37

2.6.5.4.3 Act Subject to Petition Clause - No Effective Date - with Applicability

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-38

2.6.5.4.4 Act Subject to Petition Clause - with Effective Date Specified

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-38

2.6.5.4.5 Act Subject to Petition Clause - with Effective Date - with

Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-39

2.6.6 Referendum Clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-39

2.6.6.1 Non-TABOR Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-39

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2.6.6.1.1 Referendum Clause - No Effective Date - No Applicability . . . 2-40

2.6.6.1.2 Referendum Clause - with Effective Date - with Applicability

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-40

2.6.6.2 TABOR Referendum Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-40

2.6.6.2.1 Referendum Clause - No Effective Date - No Applicability . . . 2-41

2.6.7 Penalty Clauses and How to Draft Criminal Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . 2-41

2.6.7.1 Components to Include When Creating a New Crime . . . . . . . . . . . . . . . 2-41

2.6.7.1.1 Elements of the Crime and Culpable Mental State . . . . . . . . . . 2-41

2.6.7.1.2 Penalties of the Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-42

2.6.7.1.3 Affirmative Defenses, Exceptions, and Immunity Provisions . . 2-44

2.6.7.1.4 Crime-specific Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-45

2.6.8 Declaration of Special Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-45

2.6.9 Accountability Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-45

2.6.10 Drafting a "Notice to the Revisor of Statutes" Provision in a Bill. . . . . . . . . . . . . . . 2-46

2.7 LEGISLATIVE DECLARATIONS AND LEGISLATIVE INTENT STATEMENTS . . . . . . 2-47

2.7.1 The Difference Between a Legislative Declaration Statement and a Legislative Intent

Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-48

2.7.2 Purpose of the Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-48

2.7.3 Role of Legislative Declaration and Legislative Intent Statements. . . . . . . . . . . . . . . 2-49

2.7.4 Guidelines for Drafting Legislative Declaration or Legislative Intent Statements . . . 2-49

2.7.5 Format of a legislative declaration or legislative intent statement. . . . . . . . . . . . . . . . 2-50

2.8 DRAFTING A COMPACT - COMPACTS VERSUS MODEL LAWS. . . . . . . . . . . . . . . . . . 2-50

CHAPTER 3: AMENDMENTS TO BILLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1

3.1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1

3.2 AMENDING THE CORRECT DOCUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2

3.3 GUIDELINES FOR DRAFTING AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3

3.3.1 General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3

3.3.2 Guidelines for Drafting House Amendments - Settled Questions . . . . . . . . . . . . . . . . 3-8

3.3.3 Drafting Senate Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-8

3.4 COMMITTEE OF THE WHOLE ("COW") AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . 3-9

3.5 SINGLE SUBJECT - ORIGINAL PURPOSE - TITLE AMENDMENTS. . . . . . . . . . . . . . . . . 3-9

3.6 CHECKING AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11

CHAPTER 4: CONFERENCE COMMITTEE REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1

4.1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1

4.2 DRAFTING A CONFERENCE COMMITTEE REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4

4.2.1 Form of the Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4

4.2.2 Attendance at the Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4

4.2.3 Preparing a Draft Conference Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4

4.2.4 Signing the Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4

4.2.5 Filing the Report - Adoption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-5

4.2.6 Guidelines for Matters of Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-5

4.3 PROCEDURAL ASPECTS OF CONFERENCE COMMITTEES . . . . . . . . . . . . . . . . . . . . . . 4-5

CHAPTER 5: SPECIAL RULES AND TECHNIQUES OF DRAFTING AND GRAMMAR AND STYLE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1

5.1 JOINT RULE 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1

5.1.1 Capitalization Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1

5.1.1.1 Amending Existing Law and Showing Changes by Use of Small Capital Letters

and Strike Type. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2

5.1.1.2 Amending Existing Law by Adding a New Article, Part, Section, Subsection,

Etc. - New Material Is Shown in Small Capital Letters . . . . . . . . . . . . . . . 5-2

5.1.1.3 Amending Existing Law by Adding a New Subdivision to a Section, Combined

with Amendments to Other Subdivisions of the Same Section - the New

Subdivision Is Shown in Small Capital Letters . . . . . . . . . . . . . . . . . . . . . 5-2

5.1.1.4 Recreating and Reenacting Old Law - the Text of the New Material Is Shown in

Small Capital Letters, Regardless of Length. . . . . . . . . . . . . . . . . . . . . . . . 5-3

5.1.2 Bold and Italics for New Numerals in Statutory Text. . . . . . . . . . . . . . . . . . . . . . . . . . 5-3

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5.1.2.1 Category 1: New Numeral in a Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4

5.1.2.1.1 Internal References: Sections and Subsections . . . . . . . . . . . . . . 5-4

5.1.2.1.2 Internal References: Subsections . . . . . . . . . . . . . . . . . . . . . . . . . 5-4

5.1.2.1.3 Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4

5.1.2.2 Category 2: New Numeral in a Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4

5.1.2.2.1 Table: Dollar Sign Separated by a Space . . . . . . . . . . . . . . . . . . . 5-4

5.1.2.2.2 Table: Dollar Sign Attached . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4

5.1.2.3 When the Bold and Italics Rule Does Not Apply: New Language Is Clear from

Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5

5.1.2.3.1 Using Small Capital Letters to Show Context: Part Number . . . 5-5

5.1.2.3.2 Using Small Capital Letters to Show Context: Section Number

Repeated to Show New Subsection Numbers. . . . . . . . . . . . . . . . 5-5

5.1.2.3.3 Final Number in the Series Is Accompanied by Small Capital Letters

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5

5.1.2.3.4 Updating Internal References: Number Is Accompanied by Small

Capital Letters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5

5.1.3 Repealing Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5

5.1.3.1 Repeal Without Other Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5

5.1.3.2 Repeal Combined with Other Amendments to Same Section . . . . . . . . . . . 5-6

5.1.3.3 Repeal of Material Exceeding One Page or One Section in Length - Straight

Repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6

5.1.4 Repealing and Reenacting Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6

5.1.4.1 Existing Law Does Not Exceed One Page or One Section . . . . . . . . . . . . . 5-6

5.1.4.2 Existing Law Exceeds One Page or One Section . . . . . . . . . . . . . . . . . . . . . 5-7

5.1.5 An Amended Provision Should Be Shown in Context Whenever Helpful FOR a Clear

Understanding of the Amendment - "User-friendly" Drafting . . . . . . . . . . . . . . . . . 5-7

5.1.5.1 Amended Material Shown in Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-7

5.1.5.2 Introductory Portion Shown. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-7

5.1.6 Specific Applications of Joint Rule No. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8

5.1.6.1 Small Capital Letters Always Follow Strike Type . . . . . . . . . . . . . . . . . . . . 5-8

5.1.6.2 Addition to Unsubdivided Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8

5.1.6.3 Changes or Additions to Section Headnotes . . . . . . . . . . . . . . . . . . . . . . . . 5-8

5.1.6.4 Punctuation Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9

5.1.6.5 Capitalization changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9

5.1.6.6 Parts of Words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9

5.1.6.7 Proposed Constitutional Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10

5.1.6.8 Approval as to Form by Office of Legislative Legal Services. . . . . . . . . . . 5-10

5.2 SUBSECTIONS, PARAGRAPHS - DEFINITIONS SECTIONS . . . . . . . . . . . . . . . . . . . . . . 5-10

5.3 AMENDMENTS OR ADDITIONS TO THE SAME SECTION OR ARTICLE IN TWO OR

MORE BILLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-12

5.4 RULES OF STATUTORY CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-13

5.5 INADVERTENT OMISSIONS FROM EXISTING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-13

5.6 INTERNAL REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-14

5.6.1 References to Colorado Revised Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-14

5.6.2 References to C.R.S. Section Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-15

5.6.3 References to Federal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-15

5.6.4 References to Committees of Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-16

5.7 GRAMMAR, STYLE, AND USE OF PLAIN LANGUAGE . . . . . . . . . . . . . . . . . . . . . . . . . 5-16

5.8 GENDER-NEUTRAL LANGUAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-32

5.8.1 General Considerations and Cautions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-33

5.8.2 Avoid the Use of Gender-specific Nouns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-33

5.8.3 Avoid the Use of Gender-specific Pronouns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-34

5.8.4 Do Not Change Gender-specific Language That Applies to Only One Sex . . . . . . . . 5-36

5.9 PUNCTUATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-37

5.10 CAPITALIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-37

5.11 GLOSSARY OF WORDS AND PHRASES FREQUENTLY MISUSED. . . . . . . . . . . . . . . 5-40

5.12 THINGS NOT TO PLACE IN THE STATUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-48

5.12.1 Avoid References to Colorado Code of Regulations or the Code of Federal Regulations

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-48

5.12.2 Avoid References to Trade Names or Brand Names . . . . . . . . . . . . . . . . . . . . . . . . 5-48

5.12.3 Avoid Special Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-49

CHAPTER 6: EXECUTIVE BRANCH AGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1

6.1 THE ADMINISTRATIVE ORGANIZATION ACT OF 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1

6.1.1 Language to Use When Creating a New Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2

6.1.2 Language to Use When Transferring Portions of a Department to Another Department

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2

6.1.3 Eliminating a Department by a Type 3 Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3

6.1.4 Transfer of Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3

6.1.5 Transfer of Employees, Contracts, Appropriations, and Continuity of Rules . . . . . . . 6-4

6.2 THE STATE PERSONNEL SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-4

6.3 SUNRISE LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8

6.4 SUNSET LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-10

6.5 OTHER SPECIAL STATUTORY REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13

6.5.1 Health Care Coverage Mandates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13

6.5.2 Impacts on Criminal Justice System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13

6.5.3 Capital Development Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-14

6.5.4 Number of Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-14

6.5.5 Mandated Continuing Professional Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-14

6.5.6 "Sunrise" Issues for New Regulation of a Profession or Occupation Not Previously

Regulated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-14

6.5.7 Legislative Appointees to Boards, Commissions, and Committees - Terms and Service at

the Pleasure of Appointing Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-14

6.5.8 Legislative Appointees to Boards, Commissions, and Committees - Compensation and

Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-15

6.5.9 Cross-reference Needed for a Bill that Grants Any Person or Entity the Power of Eminent

Domain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-16

6.6 RULE-MAKING AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-16

6.6.1 Delegation of Authority to State Agency - Constitutional Requirements. . . . . . . . . . 6-16

6.6.2 Drafting Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-17

6.6.2.1 Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-17

6.6.2.2 Information From Sponsor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19

6.6.2.3 Future Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19

6.6.3 Use of Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20

6.6.3.1 Use of the Term "Rules". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20

6.6.3.2 Cross-referencing the State Administrative Procedure Act . . . . . . . . . . . . 6-20

6.6.4 Overly Broad Grants of Rule-making Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-22

6.6.5 Ambiguous Statements of Delegation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-22

6.6.6 Additional Examples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-22

6.6.7 Rule Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-22

6.7 CREATION OF ENTITIES THAT ARE TEMPORARY IN NATURE . . . . . . . . . . . . . . . . . 6-22

6.7.1 Establish Clear Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-23

6.7.2 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-23

6.7.3 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-23

6.7.4 Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-24

6.7.5 Staff Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-24

6.7.6 Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-24

6.7.7 Sunset Provisions or Termination Dates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-24

6.8 REFERENCES TO UNITS OF GOVERNMENT NOT CREATED BY STATUTE OR

REFERENCES TO NON-GOVERNMENTAL GROUPS OR ENTITIES . . . . . . . . . . . 6-25

6.9 PERIODIC REPORTING REQUIREMENTS BY EXECUTIVE BRANCH AGENCIES AND BY

THE JUDICIAL BRANCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-25

6.10 JUDICIAL REVIEW OF EXECUTIVE BRANCH AGENCY DECISIONS & GIVING INITIAL

JURISDICTION TO THE COLORADO COURT OF APPEALS. . . . . . . . . . . . . . . . . . 6-26

6.11 RECOMMENDED LANGUAGE FOR CRIMINAL BACKGROUND CHECKS . . . . . . . 6-26

CHAPTER 7: FUNDING: APPROPRIATIONS, TRANSFERS, AND SPECIAL FUNDS . . . . . . . . . . . . 7-1

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7.1 INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1

7.2 APPROPRIATIONS GENERALLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1

7.2.1 Constitutional Background - Meaning of "Appropriation" . . . . . . . . . . . . . . . . . . . . . 7-1

7.2.2 Long Bill - Supplemental Appropriation Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1

7.2.3 Appropriation Sections in Substantive Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2

7.2.4 Additional Constitutional Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2

7.2.5 Relevant Statutory Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2

7.3 CONSIDERATIONS IN DRAFTING APPROPRIATION SECTIONS. . . . . . . . . . . . . . . . . . 7-4

7.3.1 Indicating Appropriations in Bill Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-4

7.3.2 Required Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5

7.3.3 Basic Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5

7.3.4 Designating Time Period for Appropriations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-6

7.3.4.1 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-6

7.3.4.2 Reversion of Unexpended Appropriations. . . . . . . . . . . . . . . . . . . . . . . . . . 7-7

7.3.4.3 Special Rule for Certain Corrections Bills . . . . . . . . . . . . . . . . . . . . . . . . . . 7-7

7.3.4 Special Rule for Capital Construction Bill Appropriations. . . . . . . . . . . . . . . . . . . . . . 7-9

7.3.5 Designating the Source of Funding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9

7.3.5.1 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9

7.3.5.2 Bills Making Long Bill Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-10

7.3.5.3 Bills Funded from General Fund Savings in Other Bills . . . . . . . . . . . . . . 7-10

7.3.5.4 Federal Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-11

7.3.6 Designating the Recipient of an Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12

7.3.6.1 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12

7.3.6.2 Appropriations to Cash Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12

7.3.6.3 Appropriation for a Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12

7.3.7 Designating the Amount of the Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-13

7.3.8 Designating the Purpose of the Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-13

7.3.9 Drafting "No Appropriation" and "No FT" Sections . . . . . . . . . . . . . . . . . . . . . . . . . 7-15

7.3.10 Drafting "Future Appropriation" Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-15

7.3.11 Double Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-15

7.4 TRANSFERS OF FUNDS OR APPROPRIATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-16

7.4.1 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-16

7.4.2 Transfers Between Cash Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-16

7.5 CASH FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-17

7.5.1 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-17

7.5.2 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-18

7.5.3 Drafting Considerations When Creating Cash Funds . . . . . . . . . . . . . . . . . . . . . . . . 7-19

7.5.3.1 Required Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-19

7.5.3.2 Source of Revenue - Amount Fixed by Agency . . . . . . . . . . . . . . . . . . . . . 7-19

7.5.3.3 Startup Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-20

7.5.3.4 Annual Appropriation or Continuous Appropriation by Statute . . . . . . . . 7-20

7.5.3.5 Allowing Agencies to Retain Administrative Costs . . . . . . . . . . . . . . . . . . 7-20

7.5.3.6 Cash Funding Without Creating a Separate Cash Fund . . . . . . . . . . . . . . 7-21

7.5.3.7 Direct and Indirect Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-21

7.5.3.8 Crediting Investment Earnings to the Fund . . . . . . . . . . . . . . . . . . . . . . . . 7-21

7.5.3.9 Unexpended and Unencumbered Money in the Fund . . . . . . . . . . . . . . . . 7-22

7.5.3.10 Provision for Remaining Balance of Repealed Cash Fund . . . . . . . . . . . 7-22

7.5.3.11 Exemption From Applicable Maximum Reserve Limitation. . . . . . . . . . 7-23

7.5.4 Reappropriated Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-23

7.5.5 Bills Funded from Gifts, Grants, and Donations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-24

CHAPTER 8: REVENUE-RAISING BILLS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1

8.1 GENERAL LEGAL BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1

8.1.1 Historical Roots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1

8.1.2 Early Federal Interpretations of Revenue-raising Bills . . . . . . . . . . . . . . . . . . . . . . . . . 8-2

8.1.3 Colorado Case Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-3

8.1.4 Other Case Authority at the Federal and State Levels . . . . . . . . . . . . . . . . . . . . . . . . . 8-4

8.1.5 Colorado Attorney General Opinions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-5

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8.1.6 Particular Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-6

8.1.7 Phrases Used to Describe Revenue-Raising Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-8

8.1.8 Phrases Used to Describe Non-Revenue-Raising Bills . . . . . . . . . . . . . . . . . . . . . . . . . 8-8

8.2 GUIDELINES FOR DEALING WITH REVENUE-RAISING BILLS IN THE PRE-ENACTMENT

AND POST-ENACTMENT CONTEXTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9

8.2.1 What is a Bill for Raising Revenue During the Legislative Process? . . . . . . . . . . . . . . 8-9

8.2.2 Would a Court Uphold the Bill under Section 31 after Enactment?. . . . . . . . . . . . . . 8-14

CHAPTER 9: ARTICLE X, SECTION 20 THE TAXPAYER'S BILL OF RIGHTS (TABOR) . . . . . . . . . . 9-1

9.1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1

9.2 APPLICABILITY TO THE STATE AND TO LOCAL GOVERNMENTS . . . . . . . . . . . . . . . 9-1

9.2.1 The State and Local Governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2

9.2.1.1 The State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2

9.2.1.2 Local Governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3

9.2.2 Enterprises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3

9.2.2.1 Government-owned Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4

9.2.2.2 Authority to Issue its Own Revenue Bonds . . . . . . . . . . . . . . . . . . . . . . . . . 9-5

9.2.2.3 Receives Less Than 10% of Annual Revenue in Grants . . . . . . . . . . . . . . . 9-6

9.3 LIMITATION ON FISCAL YEAR SPENDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6

9.3.1 Fiscal Year Spending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7

9.3.2 Calculation of Fiscal Year Spending Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7

9.3.2.1 Allowable Annual Growth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7

9.3.2.2 Fiscal Year Spending Base . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-8

9.3.2.3 Voter-approved Revenue Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-8

9.3.3 Special Considerations When Drafting Tax Reduction Bills . . . . . . . . . . . . . . . . . . . . 9-8

9.4 VOTER APPROVAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-9

9.4.1 Tax Increases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-9

9.4.1.1 Taxes vs. Nontaxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10

9.4.1.2 Examples of Tax Increases Requiring Voter Approval . . . . . . . . . . . . . . . 9-10

9.4.1.3 Mandatory Ballot Title Language for Tax Increases . . . . . . . . . . . . . . . . . 9-12

9.4.2 Multiple-fiscal Year Financial Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-12

9.4.2.1 Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-12

9.4.2.2 Multiple-fiscal Year Financial Obligations Other than Debt . . . . . . . . . . . 9-12

9.4.3 Voter-approved Revenue Changes Not Associated with Tax Increases . . . . . . . . . . . 9-14

9.4.4 Weakening of Other Revenue, Spending, and Debt Limits . . . . . . . . . . . . . . . . . . . . 9-14

9.5 BALLOT ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-15

9.5.1 Ballot issues at November odd-numbered year elections . . . . . . . . . . . . . . . . . . . . . . 9-15

9.5.2 Required Ballot Language for Tax and Bonded Debt Increases . . . . . . . . . . . . . . . . . 9-17

9.6 EMERGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-19

9.6.1 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-19

9.6.2 Emergency Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-20

9.6.3 Emergency Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-20

9.7 MISCELLANEOUS REQUIREMENTS AND PROHIBITIONS . . . . . . . . . . . . . . . . . . . . . . 9-21

9.7.1 Property Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-21

9.7.1.1 Local Government Property Tax Revenue Limitation. . . . . . . . . . . . . . . . 9-21

9.7.1.2 Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-21

9.7.1.3 Business Personal Property Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . 9-21

9.7.1.4 Property Tax Assessment Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-21

9.7.2 Income Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-22

CHAPTER 10: RESOLUTIONS AND MEMORIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1

10.1 APPLICABLE LEGISLATIVE RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1

10.2 CONCURRENT RESOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2

10.2.1 Guidelines for Drafting Concurrent Resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2

10.3 JOINT AND SIMPLE RESOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-4

10.3.1 Process for Creating an Interim Study Committee . . . . . . . . . . . . . . . . . . . . . . . . . . 10-5

10.4 JOINT AND SIMPLE MEMORIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-5

10.5 TRIBUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-6

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CHAPTER 11: THE INITIATIVE PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1

11.1 CONSTITUTIONAL AND STATUTORY REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . 11-1

11.1.1 The Constitutional Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1

11.1.2 Statutory Requirements and Legislative Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1

11.1.2.1 Review and Comment Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2

11.1.2.1 Title Board Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3

11.2 INITIATIVE PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3

11.2.1 Drafting a Review and Comment Memo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3

11.2.2 Conducting a Review and Comment Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5

11.2.3 Drafting the Titles for the Title Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-7

11.2.4 Title Board Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8

11.2.5 Initial Fiscal Impact Statements and Abstracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8

11.2.6 Motions for Rehearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9

11.2.7 Electronic Queuing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9

CHAPTER 12: GUIDELINES FOR DRAFTING UNIFORM ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1

12.1 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1

12.2 LANGUAGE IN UNIFORM ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1

12.2.1 Final Versions of the Uniform Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1

12.2.2 Language in the Uniform Act Should Generally Not be Changed . . . . . . . . . . . . . . 12-1

12.2.3 Language Should Not be Changed Just to Conform to Standard Office Practices. . 12-2

12.3 FORMAT AND TECHNICAL CHANGES IN UNIFORM ACTS. . . . . . . . . . . . . . . . . . . . 12-2

12.3.1 Numbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-2

12.3.2 Punctuation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-3

12.3.3 Headings and Headnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4

12.3.4 Internal References and Names of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4

12.3.5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4

12.3.6 Spelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4

12.3.7 Capitalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4

12.3.8 Writing Numbers as Words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4

12.3.9 Gender-neutral Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-5

12.3.10 Which v. That . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-5

12.4 SPONSORSHIP AND SUMMARY IN UNIFORM ACT BILLS . . . . . . . . . . . . . . . . . . . . . 12-5

12.4.1 Sponsorship of Uniform Act Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-5

12.4.2 Summary of Uniform Act Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-5

12.5 OFFICIAL COMMENTS FOR NEW UNIFORM ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6

12.5.1 Publishing the Official Comments in the C.R.S.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6

12.5.2 Final Versions of the Official Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6

12.5.3 Notify Publications Coordinator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6

12.6 CONTACT INFORMATION FOR THE UNIFORM LAW COMMISSION. . . . . . . . . . . . 12-6

APPENDIX A EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS . . . . . . . . . . . . . . . . . . . A-1

A.1 Bill Amending Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-2

A.2 Bill Adding New Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-5

A.3 Bill Repealing Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-7

A.4 Bill Amending and Reorganizing Entire Titles, Articles, or Parts and Repealing the Relocated

Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-9

A.5 Sunset Bill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-13

A.6 Bill Containing a Nonstatutory Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-16

A.7 Bill Amending a Territorial Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-18

A.8 Bill Making a Supplemental Appropriation for the Payment of a Judgment . . . . . . . . . . . . . . A-21

A.9 Bill Making a Supplemental Appropriation by Amending a Prior Long Bill . . . . . . . . . . . . . . A-23

A.10 Bill to Be Referred to the Voters at the next General Election . . . . . . . . . . . . . . . . . . . . . . . . A-32

A.11 Bill to Be Referred to the Voters at the next Election Subject to TABOR Provisions . . . . . . A-38

A.12 Concurrent Resolution for Amending the State Constitution . . . . . . . . . . . . . . . . . . . . . . . . A-45

A.13 Concurrent Resolution Amending the State Constitution and Containing a Nonconstitutional

Legislative Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-47

A.14 Concurrent Resolution to Ratify an Amendment to the U.S. Constitution . . . . . . . . . . . . . . A-50

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A.15 Concurrent Resolution to Call a State Constitutional Convention . . . . . . . . . . . . . . . . . . . . A-52

A.16 Concurrent Resolution Contingent on the Passage of Another Concurrent Resolution . . . . A-54

A.17 Concurrent Resolution Amending More than One Article of the Constitution . . . . . . . . . . . A-57

A.18 Joint Resolution Asking Congress to Submit an Amendment to the U.S. Constitution . . . . A-62

A.19 Joint Memorial Asking Congress to Call a Federal Constitutional Convention . . . . . . . . . . A-64

A.20 Joint Resolution to Amend the Joint Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-66

A.21 Joint Resolution Expressing Congratulations, Opinion, Etc.. . . . . . . . . . . . . . . . . . . . . . . . . A-67

A.22 Joint Resolution on the Death of Someone Not a Member of the General Assembly . . . . . . A-69

A.23 Joint Resolution Containing Interrogatories to the Colorado Supreme Court. . . . . . . . . . . . A-71

A.24 Memorial on the Death of a Former Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-74

A.25 Joint Memorial to Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-76

APPENDIX B AMENDING CLAUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1

B.1 GENERAL RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1

B.1.1 Order of Clause Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1

B.1.2 Format of Amending Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1

B.1.3 Guidelines for Combining Instructions in a Single Amending Clause* . . . . . . . . . . . B-2

B.2 AMENDING EXISTING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-3

B.2.1 To Amend a Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-3

B.2.2 To Amend an Introductory Portion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-3

B.2.3 To Amend an Introductory Portion and a Section Division . . . . . . . . . . . . . . . . . . . B-4

B.2.4 To Amend an Introductory Portion and Two or More Section Divisions . . . . . . . . . B-4

B.2.5 To Amend Two or More Introductory Portions and Two or More Section Divisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-4

B.2.6 To Amend Several Section Divisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-4

B.3 AMENDING AN ENTIRE PROVISION - DELETED BY AMENDMENT . . . . . . . . . . . . . B-4

B.4 REPEALING EXISTING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-5

B.4.1 General Repeal Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-5

B.4.1.1 User-friendly Repeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-5

B.4.1.1.1 To Repeal a Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-5

B.4.1.1.2 To Repeal Two or More Section Divisions. . . . . . . . . . . . . . . . B-6

B.4.1.2 Straight Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-6

B.4.1.2.1 To Repeal a C.R.S. Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-6

B.4.1.2.2 To Repeal a Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-7

B.4.1.2.3 To Repeal Two or More Articles. . . . . . . . . . . . . . . . . . . . . . . . B-7

B.4.1.2.4 To Repeal Several Sections, Parts, or Articles. . . . . . . . . . . . . . B-7

B.4.2 Future Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-7

B.5 ADDING NEW PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-8

B.5.1 To Add a Section Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-9

B.5.2 To Add Two or More Section Divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-9

B.5.3 To Add a Section to a Part or Article . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-9

B.5.4 To Add a Part or Article. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-9

B.5.5 To Add Two or More Sections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-9

B.5.6 To Add Two or More Parts or Articles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-10

B.6 REPEALING AND REENACTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-10

B.6.1 To Repeal and Reenact Two or More Section Divisions . . . . . . . . . . . . . . . . . . . . . B-10

B.6.2 To Repeal and Reenact a Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-10

B.6.3 To Repeal and Reenact a Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-10

B.6.4 To Repeal and Reenact an Article . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-10

B.6.5 To Repeal and Reenact Two or More Parts or Articles . . . . . . . . . . . . . . . . . . . . . . B-10

B.7 RECREATING AND REENACTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-11

B.7.1 To Recreate and Reenact a Section with Amendments . . . . . . . . . . . . . . . . . . . . . . B-11

B.7.2 To Recreate and Reenact a Subsection with Amendments . . . . . . . . . . . . . . . . . . . B-11

B.7.3 To Recreate and Reenact an Article or Part with Amendments . . . . . . . . . . . . . . . B-11

B.7.4 To Recreate and Reenact Two or More Sections, Parts, or Articles . . . . . . . . . . . . B-11

B.8 RELOCATING PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-12

B.8.1 Recodifying Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-12

B.8.1.1 Amend With Relocated Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-12

B.8.1.1.1 To Reorganize and Amend an Entire Title, Article, Part, or Section

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-12

B.8.1.1.2 To Reorganize and Amend Articles or Parts Within a Single Title or

Article . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-12

B.8.1.2 Add With Relocated Provisions (either with or without amendments). . B-13

B.8.1.2.1 To Relocate Multiple Sections from One Title, Article, Part, or

Section to Another Title, Article, Part, or Section . . . . . . . . . . B-13

B.8.1.2.2 Relocate Provisions from One Title, Article, Part, or Section to

Another Title, Article, Part, or Section. . . . . . . . . . . . . . . . . . . B-13

B.8.2 Repeals Used When Recodifying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-14

B.8.2.1 When a Section, Part, Article, or Title Is Being Relocated to a Different Part,

Article, or Title But One or More Sections in the Part, Article, or Title Are Not

Being Relocated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-14

B.8.2.2 When One or More Sections in a Part, Article, or Title Are Relocated . B-14

B.8.2.3 When Two or More Parts, Articles, or Titles Are Relocated But One or More

Sections in the Part, Article, or Title Are Not Being Relocated and the Parts Are

in the Same Article or the Articles Are in the Same Title. . . . . . . . . . . . B-14

B.8.2.4 When Two or More Parts, Articles, or Titles Are Relocated But One or More

Sections in the Part, Article, or Title Are Not Being Relocated and the Parts Are

Not in the Same Article or the Articles Are Not in the Same Title . . . . B-15

B.9 DEFINITION SECTIONS - ALPHABETIC PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . B-15

B.9.1 Option 1 - To Strike and Relocate the Prior Subsection (1) . . . . . . . . . . . . . . . . . . . B-15

B.9.2 Option 2 - To Repeal and Reenact the Entire Section . . . . . . . . . . . . . . . . . . . . . . . B-15

B.9.3 Option 3 - To Amend the Entire Section and Renumber . . . . . . . . . . . . . . . . . . . . . B-16

B.10 AMENDING EXISTING LAW AND ADDING NEW PROVISIONS . . . . . . . . . . . . . . . B-16

B.10.1 To Amend a Section Division and Add a Section Division . . . . . . . . . . . . . . . . . . B-16

B.10.2 To Amend Two or More Section Divisions and Add One Section Division . . . . . B-16

B.10.3 To Amend One or More Section Divisions and Add Two or More Section Divisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-16

B.10.4 To Amend an Introductory Portion and One Section Division and Add a Section Division

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-17

B.10.5 To Amend an Introductory Portion and Two or More Section Divisions and Add Two or

More Section Divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-17

B.11 REPEALING PROVISIONS AND AMENDING AND/OR ADDING PROVISIONS . . B-17

B.11.1 To Amend Section Divisions While Repealing Others . . . . . . . . . . . . . . . . . . . . . B-17

B.11.2 To Amend an Introductory Portion and One Section Division and Repeal a Section

Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-17

B.11.3 To Repeal Section Divisions While Adding a Section Division. . . . . . . . . . . . . . . B-18

B.11.4 To Repeal a Section Division, Add Section Divisions, and Amend a Section Division

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-18

B.12 REPEALING AND REENACTING PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-18

B.12.1 To Repeal and Reenact Two or More Section Divisions and Amend a Section Division

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-18

B.12.2 To Repeal and Reenact Two or More Section Divisions, Amend a Section Division, and

Add a Section Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-18

B.12.3 To Repeal and Reenact a Section Division, Amend a Section Division, Repeal a Section

Division, and Add a Section Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-18

B.13 RECREATING AND REENACTING PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-18

B.13.1 To Recreate and Reenact a Subsection with Amendments and Amend Another Provision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-18

B.14 AMENDING SECTIONS WITH FUTURE EFFECTIVE DATES (2 VERSIONS). . . . . . B-19

B.14.1 To Amend a Provision That Is Currently Effective (1st Version). . . . . . . . . . . . . . B-19

B.14.2 To Amend a Provision with a Future Effective Date (2nd Version). . . . . . . . . . . . B-19

B.14.3 To Amend a Provision with a Future Effective Date and a Provision That Doesn't Have

a Future Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-20

B.14.4 To Amend More than One Provision with a Future Effective Date. . . . . . . . . . . . B-20

B.14.5 To Repeal a Provision That Is Currently Effective and Has a Future Repeal Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-20

B.14.6 To Repeal a Provision with a Future Effective Date . . . . . . . . . . . . . . . . . . . . . . . B-20

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B.15 AMENDING BILLS FROM EARLIER IN THE SAME SESSION . . . . . . . . . . . . . . . . . . B-21

B.15.1 To Amend a Section Division That Has Been Amended in a Bill Previously Passed

During the Same Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-21

B.15.2 To Amend a Section Division That Has Been Newly Enacted in a Bill Previously Passed

During the Same Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-21

B.15.3 To Repeal a Section Division That Has Been Amended in a Bill Previously Passed During

the Same Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-21

B.15.4 To Amend a Section That Has Been Amended in a Bill Previously Passed During the

Same Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-21

B.15.5 To Amend a Section That Has Been Newly Enacted in a Bill Previously Passed During

the Same Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-21

B.15.6 To Repeal a Section That Has Been Amended in a Bill Previously Passed During the

Same Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-21

B.15.7 To Repeal a Section That Has Been Newly Enacted in a Bill Previously Passed During

the Same Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-22

B.15.8 To Recreate and Reenact an Article, Part, Section, or Portion of a Section That Has Been

Repealed in a Previous Bill During the Same Session . . . . . . . . . . . . . . . . . . . . . B-22

B.15.9 To Amend a Section That Has Been Amended in Two or More Bills Previously Passed

During the Same Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-22

B.15.10 To Repeal a Section or Sections from a Bill Previously Passed During the Same Session

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-22

B.16 COMBINING INSTRUCTIONS THAT INCLUDE AMENDMENTS TO BILLS FROM

EARLIER IN THE SAME SESSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-22

B.16.1 To Amend a Provision That Has Been Newly Enacted in a Bill Previously Passed During

the Same Session and Add a New Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-22

B.16.2 To Amend Section Divisions That Have Been Newly Enacted in a Bill Previously Passed

During the Same Session, Amend Other Section Divisions Not Amended or Enacted in

a Bill Previously Passed During the Same Session, and Add a New Provision . . B-23

B.16.3 To Amend Section Divisions That Have Been Amended in a Bill Previously Passed

During the Same Session, Amend Other Section Divisions Not Amended or Enacted in

a Bill Previously Passed During the Same Session, and Add a New Provision . . B-23

B.17 CONCURRENT RESOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-23

B.17.1 General Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-23

B.17.1.1 Format of Amending Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-23

B.17.1.2 Guidelines for Combining Instructions in a Single Amending Clause*

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-23

B.17.2 To Amend a Constitutional Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-24

B.17.3 To Repeal Two or More Constitutional Sections - Straight Repeal . . . . . . . . . . . . B-25

B.17.4 To Repeal a Constitutional Section - User Friendly. . . . . . . . . . . . . . . . . . . . . . . . B-25

B.17.5 To Add a Constitutional Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-25

B.17.6 To Amend a Constitutional Section Division and Add a Constitutional Section Division

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-25

B.17.7 To Amend Two or More Constitutional Section Divisions . . . . . . . . . . . . . . . . . . B-25

B.17.8 To Amend a Constitutional Section Division and Repeal a Constitutional Section

Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-26

B.18 SESSION LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-26

B.18.1 General Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-26

B.18.1.1 Format of Amending Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-26

B.18.1.2 Guidelines for Combining Instructions in a Single Amending Clause*

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-26

B.18.2 Amending Bills from Prior Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-27

B.18.2.1 To Amend a C.R.S. Section Number That Does Not Yet Appear in the Statutes

but That Does Appear in the Session Laws From a Previous Session . . B-27

B.18.3 Amending Prior Bills with Non-C.R.S. Sections . . . . . . . . . . . . . . . . . . . . . . . . . . B-27

B.18.3.1 To Amend a Section of a Bill Passed in a Prior Session and the Section Did

Not Have a C.R.S. Section Number. . . . . . . . . . . . . . . . . . . . . . . . . . . . B-27

B.18.3.2 Supplemental Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-27

B.18.3.3 To Amend a Subdivision of a Section of a Bill Passed in a Prior Session if the

Section Did Not Have a C.R.S. Section Number. . . . . . . . . . . . . . . . . . B-28

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B.18.3.4 To Amend a Section of a Bill Passed in a Prior Session if the Section Did Not

Have a C.R.S. Section Number and if the Section Has Also Been Previously

Amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-28

B.18.3.5 To Amend a Section of a Resolution or Joint Resolution That Was Printed in

the Session Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-28

B.18.3.6 To Amend a Section of a Resolution or Joint Resolution That Was Printed in

the Session Laws if it Has Been Previously Amended . . . . . . . . . . . . . . B-29

B.19 RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND THE JOINT

RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-29

B.19.1 General Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-29

B.19.1.1 Format of Amending Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-29

B.19.1.2 Guidelines for Combining Instructions in a Single Amending Clause*

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-29

B.19.2 Rules of Either House. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-30

B.19.2.1 To Amend a Rule of Either House . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-30

B.19.2.2 To Add a Rule to the Rules of Either House . . . . . . . . . . . . . . . . . . . . . B-30

B.19.2.3 To Repeal a Rule of Either House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-30

B.19.3 The Joint Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-30

B.19.3.1 To Amend Two or More Joint Rule Divisions . . . . . . . . . . . . . . . . . . . B-30

B.19.3.2 To Amend a Joint Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-30

B.19.3.3 To Amend a Joint Rule Division and Add a Joint Rule Division . . . . . B-30

B.19.3.4 To Repeal a Joint Rule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-30

B.19.3.5 To Add Two or More Joint Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-31

B.19.4 The Joint Session Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-31

B.19.4.1 To Amend a Joint Session Rule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-31

B.19.4.2 To Add a Joint Session Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-31

B.19.4.3 To Repeal a Joint Session Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-31

B.20 AGENCY RULES AND REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-31

APPENDIX C AMENDMENT SAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1

C.1 BASIC STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1

C.1.1 To Strike Current Law in an Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1

C.1.2 To Show Formatting in an Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1

C.1.3 To Add or Remove Bill Sections, C.R.S. Sections, Subsections, Paragraphs,

Subparagraphs, or Sub-subparagraphs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-2

C.1.5 To Make Multiple Separate Amendments on the Same Line . . . . . . . . . . . . . . . . . . C-4

C.1.6 To Amend the Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-4

C.2 AMENDMENTS TO COMMITTEE OF REFERENCE REPORTS . . . . . . . . . . . . . . . . . . . C-4

C.2.1 To Amend a Committee of Reference Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . C-4

C.2.2 To Strike a Committee of Reference Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . C-5

C.3 AMENDMENTS TO PROPOSED COMMITTEE AMENDMENTS . . . . . . . . . . . . . . . . . . C-6

C.4 AMENDMENTS TO ANOTHER AMENDMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-7

C.5 STRIKING A PREVIOUS FLOOR AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-8

C.5.1 To Strike a Previous Floor Amendment on the Same Day in the Senate or House. . C-8

C.5.2 To Strike a Previous Floor Amendment for a Bill, as Amended, That Was Laid over to the

next Day in the Senate and Was Not Adopted on Second or Third Reading in the Senate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-8

C.5.3 To Strike a Previous Floor Amendment for a Bill that has Amendments Approved on

Second Reading but the Bill is not yet Adopted on Second Reading and is Referred to

a Committee of Reference or is Referred to a Committee of Reference by Motion of a

Member, as Amended, Prior to Committee of the Whole Action in the Senate . . C-9

C.6 VARIOUS FLOOR AMENDMENTS TO BILLS OR CONCURRENT RESOLUTIONS . . C-9

C.7 AMENDING A FLOOR AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-10

C.8 STRIKE EVERYTHING BELOW THE ENACTING CLAUSE ("SEBEC") . . . . . . . . . . . . C-10

C.9 A SENATE AMENDMENT TO A COMMITTEE REPORT AND TO THE BILL IN THE SAME

AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-10

C.10 RESOLUTIONS AND MEMORIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-10

C.10.1 All Resolutions and Memorials Being Amended in the House of Origin . . . . . . . C-11

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C.10.2 Joint Resolutions and Joint Memorials Being Amended in the Opposite House . C-11

APPENDIX D CONFERENCE COMMITTEE REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-1

D.1 Sample Conference Committee Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-1

D.2 Conference Committee Options for House Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-24

D.3 Conference Committee Options for Senate Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-26

APPENDIX E SAMPLE APPROPRIATION CLAUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1

E.1 Appropriation to Single Department - Purpose(s) Specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1

E.1.1 Multiple Purposes - General Fund - Paragraph Format . . . . . . . . . . . . . . . . . . . . . . . E-1

E.1.2 Multiple Purposes - Cash Fund - Paragraph Format . . . . . . . . . . . . . . . . . . . . . . . . . E-1

E.1.3 Multiple Purposes - Column Format Synched with Long Bill . . . . . . . . . . . . . . . . . . E-1

E.1.4 Single Purpose - General Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-2

E.1.5 Single Purpose - Cash Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-2

E.1.6 Single Purpose - Multisource . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-2

E.1.7 Multipurpose - Multisource . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-2

E.2 Purpose(s) Not Specified - Line Item is a State Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-3

E.2.1 General Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-3

E.2.2. Cash Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-3

E.2.3 Multisource. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-3

E.3 Adjust Long Bill Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-3

E.3.1 Single Line Item Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-3

E.3.1.1 General Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-3

E.3.1.2 Cash Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-3

E.3.2 Long Bill Adjustment Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-4

E.3.3 Long Bill Adjustment and New Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-4

E.3.4 Column Format Synched with Long Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-4

E.3.5 Reduce the Capital Construction Appropriation and New Appropriation . . . . . . . . E-5

E.3.6 Long Bill Adjustment Including Change to Federal Funds . . . . . . . . . . . . . . . . . . . . E-5

E.4 Appropriation to Multiple Departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-5

E.4.1 Purpose(s) Specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-5

E.4.2 Purchase Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-6

E.4.3 Purchase OIT services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-6

E.4.4 Purchase ALJ Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-6

E.4.5. Purchase Document Management Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-7

E.4.6. Purchase Criminal History Record Checks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-7

E.5 Five-year Statutory Corrections Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-7

E.5.1 Placeholder Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-7

E.5.2 5-Year Appropriation Language - Capital Construction . . . . . . . . . . . . . . . . . . . . . . E-7

E.5.3 5-year Appropriation Language - No Capital Construction. . . . . . . . . . . . . . . . . . . . E-8

E.5.4 Exception to Regular 5-year Appropriation Language. . . . . . . . . . . . . . . . . . . . . . . . E-9

E.6 Federal Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-9

E.6.1 Only Federal Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-9

E.6.2 Single State Fund and Federal Funds - Single Purpose - No (M) Notation . . . . . . . . E-9

E.6.3 Multiple State Funds and Federal Funds - Single Purpose - (M) Notation . . . . . . . E-10

E.6.4 State Fund and Federal Funds - HCPF - Multiple Purposes - (M) Notation . . . . . . E-10

E.6.5 State Fund and Federal Funds - HCPF - Multiple Purposes - No (M) Notation . . . E-10

E.7 Additional Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-11

E.7.1 No Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-11

E.7.2 Appropriation to Legislative Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-11

E.7.2.1 Single Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-11

E.7.2.2 Multiple Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-11

E.7.2.3 Reduction to Legislative Appropriation Bill . . . . . . . . . . . . . . . . . . . . . . E-11

E.7.3 Capital Construction Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-12

E.7.3.1 For Capital Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-12

E.7.3.2 For Controlled Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-12

E.7.4 Current Year Appropriation with "Roll-forward" Authorization. . . . . . . . . . . . . . . E-12

E.7.5 Release of Overexpenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-12

E.7.6 Appropriation from General Fund Exempt Account . . . . . . . . . . . . . . . . . . . . . . . . E-13

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E.7.7 Bill Funded from General Fund Savings in Other Bill. . . . . . . . . . . . . . . . . . . . . . . E-13

E.7.8. Appropriation to CBI for Criminal History Record Checks . . . . . . . . . . . . . . . . . . E-13

E.7.9 Transfer of Appropriation from Long Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-13

E.7.9.1 Specified Dollar Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-13

E.7.9.2 Unspecified Dollar Amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-14

E.7.10 Contingent Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-14

E.7.11 General Fund to Cash Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-14

E.7.11.1 Without Associated Spending Authority . . . . . . . . . . . . . . . . . . . . . . . . E-14

E.7.11.2 With Associated Spending Authority . . . . . . . . . . . . . . . . . . . . . . . . . . E-14

E.7.12 TANF Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-15

APPENDIX F MATERIALS RELATING TO BILL DRAFTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1

F.1. Bill Titles and Related Topics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1

F.1.1 Memo Excerpt - Bills to Contain One Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1

F.1.2. MEMO: Bill Titles - Single Subject and Original Purpose Requirements . . . . . . . . . F-12

F.1.3. What Is Germane? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-17

F.1.4. Guideline for Analyzing Whether an Amendment Fits under the Title of a Bill . . . F-19

F.2. Safety Clauses and Effective Date Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-21

F.2.1. Safety Clauses and Effective Date Clauses Memo . . . . . . . . . . . . . . . . . . . . . . . . . . F-21

F.2.2. Executive Committee Memo Regarding Use of Safety Clauses . . . . . . . . . . . . . . . . F-27

Use of Safety Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-27

F.2.3. OLLS Memo Regarding Use of Safety Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-28

Use of Safety Clauses [OLLS Memo] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-28

F.3. Statutory Legislative Declaration And Intent Statements: The Colorado Perspective . . . . . . . F-29

F.4 Special Drafting Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-40

F.4.1. Guidelines for When to Update Statutes Regarding the Present Tense, Active Voice, and

Authority Verbs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-40

F.4.2. House Bill 13-1029: Use of Authority Verbs in the C.R.S. . . . . . . . . . . . . . . . . . . . . F-42

F.4.3 Guidelines for the Use of "Shall" and "Must" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-44

F.5. Canned Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-46

F.5.1. Creating Cash Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-46

F.5.2. Authority to Use Money in State Education Fund . . . . . . . . . . . . . . . . . . . . . . . . . . F-48

F.5.3. Criminal Surcharges/Fees Funding Mechanism. . . . . . . . . . . . . . . . . . . . . . . . . . . . F-48

F.5.4. Fingerprint Background Checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-50

F.5.5. GIFTS, GRANTS, OR DONATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-51

F.5.6. Elements of a Grant or Scholarship Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-51

F.5.7. Grant or Scholarship Program Template. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-54

F.5.8. Components to Include When Creating a New Crime . . . . . . . . . . . . . . . . . . . . . . . F-56

F.5.9. Creating a New Entity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-57

F.5.10. Short Titles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-63

F.5.11. Sunset Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-63

F.5.12. Memorials for Deceased Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-64

F.5.13. Notice to Revisor of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-64

F.5.14 Updated Bill Summary Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-65

F.5.14.1 Create a New Updated Bill Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . F-65

F.5.14.2 Finalize a Draft Updated Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-66

F.5.14.3 Subsequently Edit a Finalized Updated Summary . . . . . . . . . . . . . . . . . F-67

F.5.14.4 When the Measure Isn't Amended in the First House (Or the Amendment

Doesn't Require the Bill Summary to Be Changed) . . . . . . . . . . . . . . . . . F-69

APPENDIX G INITIATIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-1

G.1 Policy of the Committee on Legal Services Concerning Use of Staff to Draft Initiatives . . . . . G-1

G.3 Sample Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-4

Original Submission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-4

Review and Comment Memo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-4

Final Text Filed With Secretary of State After Review and Comment Meeting . . . . . . . . . G-4

Staff Draft Prepared for the Title Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-4

G.4 The Single-Subject Requirement For Initiatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-5

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G.5 Judicial Interpretations of the Law Governing Submission of Ballot Initiatives in Colorado

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-16

G.6 Rules for Staff of Legislative Council and Office of Legislative Legal Services Review and Comment

Filings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-40

G.7 Prioritized Checklist for Drafting Titles and Ballot Title and Submission Clauses for Proposed

Initiatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-44

G.8 Initiatives - Standard Language for Review and Comment Memos . . . . . . . . . . . . . . . . . . . . G-46

G.8.1 Creating the Review and Comment Memo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-46

G.8.2 Unnecessary Technical Comments - Do Not Include. . . . . . . . . . . . . . . . . . . . . . . . . G-46

G.8.3 Technical Comments That Are Often Needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-47

G.8.3.1 Commas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-47

G.8.3.2 Numbering of Statutes and Constitution. . . . . . . . . . . . . . . . . . . . . . . . . G-47

G.8.3.3 Strikes/Small Caps/Capitalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-47

G.8.3.4 Internal References in the Colorado Revised Statutes: . . . . . . . . . . . . . . G-47

G.8.3.5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-48

G.8.3.6 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-48

G.8.3.7 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-48

G.8.3.8 Example for Adding to/Amending the Constitution . . . . . . . . . . . . . . . G-48

G.8.3.9 Internal References in the Constitution. . . . . . . . . . . . . . . . . . . . . . . . . . G-49

G.8.4 Substantive Comments and Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-49

G.8.5 When Different Versions of an Initiative Are Submitted - Separate Memos - Don't Repeat

Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-50

G.8.6 When an Initiative Is Submitted Without Key Requirements . . . . . . . . . . . . . . . . . G-50

G.8.7 When an Initiative Comprises a Copy of a Concurrent Resolution or Bill . . . . . . . G-51

APPENDIX H SAMPLE CLAUSES: AGENCY RULE-MAKING AUTHORIZED . . . . . . . . . . . . . . . . H-1

H.1 BROAD RULE-MAKING AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-1

H.2 SPECIFIC RULE-MAKING AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2

H.3 AMENDING CLAUSES FOR RULES AND REGULATIONS IN A BILL (OTHER THAN THE

RULE BILL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-3

APPENDIX I GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1

APPENDIX J MEMO SECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-1

Substantive Memo Formats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-1

FORMAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-1

FOOTNOTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-2

OLLS Style Guide for Legal Memos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-4

Style Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-7

OLLS Policies on Legal Opinions And Legal Memorandums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-10

Guidelines for Releasing Documents Prepared for Members of the General Assembly . . . . . . . . . . J-16

Important Issues to Keep in Mind When Drafting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-18

Title questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-29

Guidelines for Determination of Bills Subject to §10-16-103, C.R.S., Concerning Special Legislative

Procedures Related to Mandated Health Insurance Coverages in Introduced Bills . . . . . . J-30

MANDATORY COVER LETTERS FOR BILLS

SUBJECT TO SPECIAL STATUTORY REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . J-36

Bills Subject to Capital Development Requirements

Memo to Committee Chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-36

Bills Subject to Capital Development Requirements

Memo to Leadership Attached to Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-37

Bills Affecting Changes in the Number of Judges

Memo to Leadership Attached to Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-38

Bills Subject to Mandatory Continuing Education Requirements

Memo to Committee Chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-39

Bills Subject to Mandatory Continuing Education Requirements

Memo to Leadership Attached to Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-40

Bills Affecting Criminal Sentencing

Memo to Committee Chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-41

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Bills Affecting Criminal Sentencing

Memo to Leadership Attached to Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-42

Bills Containing Mandated Health Insurance Coverage

Memo to Committee Chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-43

Bills Affecting Mandated Health Insurance Coverage

Memo to Leadership Attached to Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-44

Guidelines for legal research and opinions (JBC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-45

OLLS Guidelines for Working with Lobbyists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-47

Attorney General affirms previous opinion relating to what is a revenue-raising bill which must be

introduced in the House of Representatives pursuant to Article V, Section 31 of the Colorado

Constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-52

Executive Committee of the General Assembly

Non-partisan Staff Out-of-Capitol-Complex Meeting Policy. . . . . . . . . . . . . . . . . . . . . . . . J-54

[OLLS] Policy Concerning Out-Of-Office Meetings With Members . . . . . . . . . . . . . . . . . . . . . . . . J-55

Requests for opinions relating to a procedural issue when the issue has been decided in the course of

legislative deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-57

Requests for written legal opinions relating to the separation of powers among the three branches of

government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-58

Requirement of notice to the Speaker or President, or both, when the Office of Legislative Legal Services

(OLLS) receives a request for a written legal opinion relating to separation of powers. . . . J-61

Form Letter for Request for Legal Opinion Relating to Separation of Powers . . . . . . . . . . . . . . . . . J-62

Legislative Staff: Toward a New Professional Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-63

Guidelines for When Skipping the Revisor May Be Considered. . . . . . . . . . . . . . . . . . . . . . . . . . . . J-68

OLLS Policies on Green Sheets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-70

Memoranda and Opinion Deadline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-72

Cash funds subject to the limit on uncommitted reserves established in section 24-75-402, C.R.S.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-73

APPENDIX K SAMPLE EFFECTIVE DATE CLAUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-1

K.1 COMMON EFFECTIVE DATE CLAUSES WITH SAFETY CLAUSES . . . . . . . . . . . . . . . K-1

K.1.1 Standard Effective Date Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-1

K.1.1.1 Bill effective on a specified date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-1

K.1.1.2 Bill effective on passage with applicability. . . . . . . . . . . . . . . . . . . . . . . . . K-1

K.1.2 Multiple Effective Dates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-1

K.1.2.1 Bill containing sections that take effect at different times.. . . . . . . . . . . . . K-1

K.1.2.2 Provision within a section takes effect at a different time.. . . . . . . . . . . . . K-1

K.1.3 Contingency Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-1

K.1.3.1 Bill effective only if another bill becomes law. . . . . . . . . . . . . . . . . . . . . . K-1

K.1.3.2 Portions of bill effective only if another bill becomes law. . . . . . . . . . . . . K-1

K.1.3.3 Provision within a section contingent on another bill becoming law.. . . . K-2

K.1.3.4 Bill effective only if another bill does not become law. . . . . . . . . . . . . . . . K-2

K.1.4 Multiple Effective Dates and Contingency Effective Date. . . . . . . . . . . . . . . . . . . . . K-2

K.1.4.1 Portion of bill effective only if another bill becomes law. . . . . . . . . . . . . . K-2

K.1.4.2 Portion of bill effective only if another bill does not become law.. . . . . . . K-2

K.1.5 Contingent upon an Amendment Being Adopted at General Election . . . . . . . . . . . K-3

K.1.5.1 General election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-3

K.1.5.2 Odd-year TABOR election.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-3

K.1.6 Applicability Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-3

K.1.6.1 With a safety clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-3

K.1.6.2 With an ASP clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-3

K.2 ACTS SUBJECT TO PETITION (ASP CLAUSES). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-4

K.2.1 Standard ASP Clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-4

K.2.2 Effective Date Between 91st Day and December of the Next General Election Year

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-4

K.2.3 Effective Date in December or January Following the next General Election . . . . . K-4

K.2.4 Effective Date after January Following the next General Election . . . . . . . . . . . . . . K-5

K.2.5 Portions Effective a Year or More after the Current Legislative Session but Before next

General Election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-5

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K.2.6 Portions Effective a Year or More after the Current Legislative Session and Also after the

next General Election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-5

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PREFACE

Poorly drafted statutes are a burden upon the entire state. Judges struggle to interpret and

apply them, attorneys find it difficult to base any sure advice upon them, the citizen with an

earnest desire to conform is confused. Often, lack of artful draftsmanship results in failure

of the statute to achieve its desired result. At times, totally unforeseen results follow. On

other occasions, defects lead directly to litigation. Failure to comply with certain

constitutional requisites may produce total invalidity.

Interpretation of statutes is fraught with possibilities for interpretations not necessarily

intended by the sponsor. Professor George Gopen of Duke University, who teaches about

writing in the legislative environment, reminds us of two fundamental truths about writing

laws. First, he notes that "any unit of discourse is subject to infinite interpretation." By this

he means that, however many reasonable interpretations there might be for legal language,

there always seems to be at least one more. Second, he says that releasing a written product

is inherently dangerous. When a written product is released, it becomes the sole property of

the readers. Particularly in the case of laws, the readers are not so much interested in the true

intent of the writer as they are how the law affects them. The result is that those who write

laws should not be surprised that the readers of law tend to read law as the readers deem

necessary to serve their own purposes.

In Colorado, the Office of Legislative Legal Services, under authority of the law establishing

the Office (part 5 of article 3 of title 2, C.R.S.), furnishes bill drafting services to members of

the General Assembly and the Governor. A request for bill drafting services from any state

department or agency or from any other public or private agency or individual may not be

accepted by the Office of Legislative Legal Services unless such a request is submitted

through a member of the General Assembly.

The policy of the Office of Legislative Legal Services is to serve all members of the General

Assembly equally, without regard to party affiliation, political view, seniority, or any other

characteristic. Highest priority is given to maintaining a nonpartisan staff committed to

honoring the confidentiality of the subject matter of each member's drafting requests.

This Legislative Drafting Manual is primarily designed to provide training material for

beginning drafters in the Office of Legislative Legal Services. However, its purpose is also to

provide a reference source to all drafters as to the requirements of the Senate, House, and

Joint rules, the statutes, the state constitution, and case law, as well as to give suggestions on

the mechanics, techniques, and styles of legislative drafting, with special emphasis on

practices and procedures used by the Colorado General Assembly. This manual is intended

to promote uniformity and standardization in the form, style, and language of legislation.

In the preparation of this manual, we have drawn from manuals of other states and from

textbooks on legislative drafting, and we gratefully acknowledge the assistance we have

received from these sources.

This paragraph is quoted from Legislative Bill Drafting, by Albert R. Menard, Jr., 26 Rocky Mt. L. Rev.

368 (1954).

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CHAPTER 1: INTRODUCTION TO DRAFTING

1.1 REQUESTS FOR DRAFTING SERVICES

Requests for bill drafting services may be made to the Office of Legislative Legal Services by

any member of the General Assembly at any time, whether or not the General Assembly is

in session, or by the Governor or the Governor's representative. See section 2-3-505, C.R.S.

Drafting services may take the form of bills, resolutions, memorials, amendments, or

conference committee reports. While the material in this section speaks in terms of bills, it

also applies to the drafting of resolutions and memorials.

1.1.1 Duty of Confidentiality

The nature and subject matter of all bill requests are confidential. Section 2-3-505, C.R.S.,

provides that, prior to the introduction of a bill, no employee of the Office of Legislative

Legal Services shall disclose to any person outside the Office the contents or nature of such

bill, except with the consent of the person making the request. This requirement should be

kept in mind and honored at all times during the bill drafting process.

However, as an exception to the confidentiality rule, section 2-3-505, C.R.S., permits "the

disclosure to the staff of any legislative service agency of such information concerning bills

prior to introduction as is necessary to expedite the preparation of fiscal notes, as provided

by the rules of the general assembly." Joint Rule No. 22 of the Senate and House of

Representatives states in part that, "The Office of Legislative Legal Services shall furnish

preliminary copies of each bill and concurrent resolution to the Legislative Council staff in

order that it may commence its review of the fiscal impact of such measures in accordance

with this rule, but the Legislative Council staff shall not reveal the contents or nature of such

measures to any other person without the consent of the sponsor of the measure."

An attorney-client relationship may exist between the lawyers in the Office and the General

Assembly as an organization or institution. See Rule 1.13 of the Colorado Rules of

Professional Conduct. Thus, in addition to the statutory duty of confidentiality provided for

bill drafting, the lawyers in the Office may owe a general duty of confidentiality to the

General Assembly with respect to all information that relates to their representation of the

General Assembly. See Rule 1.6 of the Colorado Rules of Professional Conduct.

1.1.2 Bill Requests

Typically, a legislator submits a bill request, though another person may submit a bill request

For more information on the attorney-client relationship in the legislative context, see Douglas Brown

and Dan Cartin, The Attorney-Client Relationship and Legislative Lawyers: The State Legislature as Organizational Client,

Journal of the American Society of Legislative Clerks and Secretaries, volume 2, no. 1, Spring 1996, available at:

https://leg.colorado.gov/sites/default/files/1996-the-attorney-client-relationship-and-legislative-lawyers-the-st

ate-legislature-as-organizational-client.pdf.

CHAPTER 1

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on a legislator's behalf with permission from that legislator. Any staff member of the Office

may accept a bill request. The requestor must at least provide the name of the prime sponsor

and a general description of the bill being requested; however, the staff member of the Office

accepting the request should try to get as much information as possible about the content of

the draft. A bill request form, available on the "s:drive" in the "Forms" folder, may help

collect information about the request.

If a prepared draft of the proposed legislation accompanies the request, the staff member

taking the request should ask for permission for the drafter to contact the person who

prepared the draft in case any questions arise. In order to comply with the statute on

confidentiality, the staff member should also ask the sponsor if the Legislative Council Staff

may release copies of the bill to affected state agencies prior to introduction for the purpose

of preparing the fiscal note on the bill.

The staff member who receives the bill request delivers the information to the front office

staff, who will assign the request an "LLS number" and enter the request information into

the Colorado Legislative Information and Communications System (CLICS). The front

office staff will enter the sponsor and description of the bill provided by the requestor, as well

as a category, any sub-categories, and a subject of the bill, as follows:

! The sponsor's name is entered, along with any other verified sponsors.

When

the request is made by someone other than the legislator who will introduce

the bill, the name of the person who will introduce the bill is entered on the

sponsor line with the notation "(verify)". If appropriate, the words "no name"

should be entered on the sponsor line, with additional information added in

parentheses, such as "(Governor)", "(Sen. Smith)", "(Interim Committee on

Public Education)", etc.

! The general subject matter of each request is designated by category. In most

cases, the category is determined by the C.R.S. title number that the request

primarily concerns. A list of categories is available on the "s:drive" in the

"Lists" folder.

! The specific subject of the request is phrased as"Personnel system - maximum

salary", rather than "Amend personnel laws to increase maximum salary".

! The details about what the measure will do are entered in the area of the form

headed "Drafting Instructions".

After the request is entered into CLICS, the bill request is assigned to a team and sent to the

team leader for assignment to a staff attorney or legislative editor.

1.1.3 Duplicate Bill Requests

Duplicate bill requests occur every session, and the Office must handle each such scenario

with diplomacy, tact, and confidentiality. The Office must help preserve the legislators'

resources, for example, a legislator's five bills and the body's time, while protecting the

Other members who would like to sponsor the measure must notify the Office of their intent to be

sponsors. An exception to this rule is made for interim bills, for which the Legislative Council Staff furnishes a list

of sponsors.

CHAPTER 1

1-2 INTRODUCTION TO DRAFTING

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

confidentiality of bill requests.

Members become frustrated when the Office doesn't identify duplicate bills. Front office

staff, team leaders, and drafters should be on the alert to identify possible duplicate bills as

we go through the bill drafting season. Prior to the introduction of bills, staff members may

identify duplicate requests informally and by checking the information in the CLICS system.

Once bills begin to be introduced, the staff should also look at the subject index to identify

duplicates. Drafters should remain aware that during the drafting process, a bill request may

take an entirely different form than what the member originally described and thereby

become a duplicate of another request long after either request was received.

Sometimes it is difficult to determine whether two bill requests are truly duplicates. Staff

members should consult with the drafters of the affected bill requests to determine whether

the requests are identical, nearly identical, partial duplicates, or merely similar. When in

doubt, staff should err on the side of caution by identifying a potential duplicate situation to

the members who requested the bills.

If a staff member determines that two bill requests are identical, nearly identical, or partial

duplicates, the drafter should follow the process outlined below. Because of the delicate

nature of the interests involved, it is important that the Office treat all sponsors fairly and

similarly and follow the process consistently.

! First, determine whether the requests are identical, nearly identical, partial

duplicates, or merely similar.

! If the bills are identical, nearly identical, or partial duplicates, contact each

member and inform him or her that the Office believes his or her request may

be a duplicate of another bill request filed with the Office. In this

conversation, the drafter may disclose whether the other request is from a

member of the Senate or the House of Representatives and whether the

sponsor is a member of the same party. The drafter may not disclose the name

of either member to the other. However, if one of the requested bills is already

introduced, the drafter can tell the member who requested the unintroduced

bill about the introduced bill and ask whether the member wants to continue

pursuing the bill request.

! At this point, each member has some options. One option is that one or both

members may decide to withdraw their requests. The Office policy is that if a

legislator withdraws or kills a bill request prior to the bill introduction

deadlines as a result of having filed a duplicate bill request, the legislator may

submit another bill request, even if the deadline for submitting an early or

regular bill request has passed. The new request must be filed as soon as

possible – normally within 48 hours. If the duplicate is not identified until just

before the introduction deadline, the member may need to acquire delayed-bill

permission from legislative leadership so the drafter has sufficient time to draft

the replacement bill.

! The drafter should ask each member who requested the duplicate bill for

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permission to disclose his or her identity to the other member who requested

the bill. At this time, the drafter should clarify that he or she is seeking the

same permission from the other member, and the other member might not

give permission for such disclosure. If neither member gives permission to

contact the other, and both members indicate that they wish to continue with

their bill requests, the drafter should continue to work on both requests

without divulging any more information to either member about the other

member's request.

! If either member directs the drafter to disclose his or her identity to the other

member, the drafter should do so. Once such a disclosure is made, the drafter

should leave it up to the members to determine how to resolve the duplicate

bill situation. The drafter's goal is to let the two members decide what they

want to do without assuming the role of an intermediary.

! In resolving a duplicate bill situation, members may want to join efforts as

prime sponsors in each house, or they may want to become joint prime

sponsors in the same house, or one may become a prime sponsor and the

other a sponsor, or one of them may kill his or her request. In some cases,

both members will proceed with their bills and let the issue work itself out

through the process.

These steps may need to be modified in the case of a partial duplicate bill request. A partial

duplicate occurs when one requested bill contains a duplicate portion of another requested

bill. In this case, the drafter must not disclose the other contents of a bill that is only a partial

duplicate. The bill sponsors may need to work out which bill will contain the duplicate

provision — or whether it will appear in both bills.

If a bill drafter encounters circumstances that are not covered by these steps, e.g., a situation

involving three or more apparent duplicate requests, the drafter should consult his or her

team leader or a senior staff member in the Office.

1.2 PRELIMINARY DRAFTING CONSIDERATIONS

1.2.1 Purpose and Scope of Legislation

Before beginning to draft a bill, the drafter must determine exactly what the sponsor wants to

accomplish. The drafter's function is to devise appropriate statutory language in proper form

to carry out the sponsor's objectives. The drafter does not supply the policy of any bill or

question the political strategy or the need for requested legislation.

The precise objective of the sponsor cannot be achieved if the drafter has only a vague

impression of what the sponsor seeks to accomplish. Thus, at the first opportunity to discuss

the bill with the sponsor, the drafter should attempt to obtain specific instructions

concerning the purpose of the bill. Initially, the drafter should ask questions necessary to

determine the issue that the legislator wishes to resolve. To that end, the drafter may, as a

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matter of routine, ask the following questions:

! What is the issue in need of resolution?

! What are some examples of the issue?

! What is to be changed or accomplished by this legislation?

The answers to these questions will clarify areas of constitutional and statutory research the

drafter should pursue before drafting. If a proposed bill appears to be unconstitutional or to

have a more pervasive effect on the statutes than the sponsor anticipated, the drafter must

notify the sponsor.

Additional background information that is important to discuss with the sponsor at the

outset includes the following:

! Is a narrow title, to prevent substantial amendments, or a broad title, to allow

amendments, preferable?

! When will the bill become effective? To whom or to what is the bill to apply?

! Is an appropriation necessary to implement the bill? If so, from what source?

Which department/office/agency should receive the funding?

! If the legislation creates a new program, what agency should administer the

program? Are any changes needed in the administrative organization act?

Does the administering agency need rule-making authority? How will the new

program be funded? Does the new program or activity generate fees to be

applied to its administration?

! Does the bill create or change the classification of a criminal offense?

! Do any other states have similar legislation?

! Is there a model or uniform act on the subject?

! Have bills been introduced on the subject in prior legislative sessions?

Frequently, the sponsor does not give explicit instructions, nor can the drafter anticipate

every policy question that will arise in the course of drafting the bill. As the drafting of the

legislation proceeds, additional questions may arise and subsequent conferences with the

sponsor may be necessary.

The drafter should always request the name of any person drafter may contact in case

questions arise during the drafting process. The sponsor may prefer that an aide, lobbyist,

constituent, or other entity, including the state agency responsible for administering the

policies proposed by the bill, be contacted to field such questions. In light of the

confidentiality of all requests, only authorized parties may be contacted regarding the bill

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draft.

1.2.2 Constitutional Factors

Ideally, neither the intent nor the effect of the bill will violate federal or state constitutional

limitations. Keeping these limitations in mind during the bill drafting process may prevent

future constitutional challenges and confusion concerning the validity of statutes.

1.2.2.1 United States Constitution

The tenth amendment to the U.S. Constitution contains a reservation of power to the states,

which provides that all powers not delegated to the federal government or prohibited to the

states are reserved to the states. Other provisions of the U.S. Constitution effectively limit

this grant of power to state legislatures.

Article VI, clause 2 of the U.S. Constitution contains a provision known as the supremacy

clause, which is stated as follows:

This Constitution, and the laws of the United States which shall be made in pursuance

thereof; and all treaties made or which shall be made, under the authority of the United

States, shall be the supreme law of the land; and the judges in every state shall be bound

thereby, anything in the Constitution or laws of any state to the contrary notwithstanding.

This provision is perhaps the most important limitation on the power of state legislatures.

State legislative power is further limited by Article I, Section 8 of the U.S. Constitution,

which reserves certain subject areas to regulation by Congress. Such areas include the

regulation of interstate commerce, bankruptcy, and immigration. Article I, Section 4 of the

U.S. Constitution limits state control of elections for U.S. senators and representatives by

requiring that state legislation be subject to regulations that are passed by Congress. Article

I, Section 10 of the U.S. Constitution imposes express limitations on state sovereignty by

prohibiting activities ranging from entering treaties to passing laws that would have the

effect of a bill of attainder, an ex post facto law, or a law impairing the obligation of

contracts.

Article IV, Section 1 of the U.S. Constitution requires that each state give full faith and

credit to the laws and judicial proceedings of other states. Article IV, Section 2 of the U.S.

Constitution further requires that the citizens of each state have all privileges and immunities

of citizens of other states.

Not only do certain articles of the U.S. Constitution limit state legislative power, a number

of amendments also impose fundamental restrictions. For example, a state legislature may

not prohibit religious freedom; establish religion; restrict freedom of speech or of the press;

or deprive persons of equal protection of the law or of the right to life, liberty, or property

without due process.

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1.2.2.2 Colorado Constitution

Article V of the Colorado Constitution provides for the structure and function of the

legislative department of the state government. The following provisions are of special

importance to drafters:

Section 17. No law passed but by bill -- amendments.

Section 18. Enacting clause.

Section 19. When laws take effect -- introduction of bills.

Section 21. Bill to contain but one subject -- expressed in title.

Section 24. Revival, amendment or extension of laws.

Section 25. Special legislation prohibited.

Section 31. Revenue bills must originate in House of Representatives.

Section 32. Appropriation bills.

Section 33. Disbursement of public money.

Section 34. Appropriations to private institutions forbidden.

Many of these provisions are discussed throughout this manual. Other provisions of the

Colorado Constitution and the Enabling Act limit or affect legislative power in many areas,

including property taxation, public indebtedness, taking property for public use, sale of

public lands, public funding of certain health care services, funding of public education, and

limitations on taxation and spending. This list is far from exhaustive; and, given the scope of

the state constitution, a drafter should research the subject of each bill so that the drafter is

familiar with the state constitutional foundation.

1.2.3 Federal Preemption

Federal laws establishing standards for state welfare, health, education, highways, and other

programs may serve as limits or place requirements on state policy and legislation in those

areas. For example, in prior sessions, bills concerning highways, billboards, water pollution,

air pollution, and unemployment compensation were based on federal legislation in order to

assure that federal funds would be available to the state. After checking federal laws and

determining how any federal requirements will affect a proposed bill, the drafter and bill

sponsor should discuss the relationship between federal law and the intended purpose of the

bill.

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1.2.4 Approval or Rejection of Prior Colorado Case Law

There is a line of cases in Colorado where the courts have applied a presumption that the

General Assembly is aware of judicial precedent in a particular area when it enacts or

rewrites legislation in that area. The Colorado Supreme Court has held that "the General

Assembly is presumed to be cognizant of prior decisional law when enacting or amending

statutes".

In applying that presumption, the court in Rauschenberger v. Radetsky held that

"When a statute is amended, the judicial construction previously placed upon the statute is

deemed approved by the General Assembly to the extent that the provision remains

unchanged." As a result, if there is a case construing the statute that is not specifically

rejected in subsequent legislation, the General Assembly may inadvertently ratify or be

viewed as ratifying or approving some previous statutory interpretation made by the courts.

Practically speaking, drafters may not have time to research the case law every time they

draft a bill that amends a statute. However, when drafting a bill that significantly revises or

recodifies a statute, the drafter should at least conduct a cursory examination of the

annotations to see if there are cases construing the particular statute to be amended.

Alternatively, the drafter may question the contact persons as to whether they are aware of

any significant decisions construing the statute that need to be considered in revising the

law. If the drafter identifies any cases that may present an issue concerning interpretation of

the statute, the drafter should talk to the sponsor about the possibility of a presumption that

the General Assembly is aware of judicial precedent being applied in a way that might be

contrary to the intent of the bill.

1.2.5 Colorado Revised Statutes - Statutory Construction

The statutory sections that have the greatest effect on bill drafting are found in title 2 of the

Colorado Revised Statutes. Title 2 sets forth certain rules of statutory construction and

provides standard definitions for terms commonly used in legislation. The most pertinent

statutes are discussed in more detail throughout this manual. Each drafter should have an

in-depth working knowledge of title 2, C.R.S.

1.2.6 Rules of the General Assembly

Rules of the General Assembly cover many procedural aspects of the bill drafting process,

including the route a bill follows from introduction to adoption by the General Assembly.

Drafters should become familiar with the legislative rules published by the Colorado

Legislative Council. The legislative rules are also available on the General Assembly's

website, at: http://leg.colorado.gov/house-senate-rules.

Joint Rule No. 21 of the Senate and the House of Representatives provides the standard

rules for drafting legislation that amends existing law. Drafters should also be familiar with

the deadline schedule for the request, delivery, and introduction of bills as found in Joint

Rule No. 23. No request for a bill subject to the deadline schedule will be accepted, and no

Semendinger v. Britain, 770 P.2d 1270 (Colo. 1989); see Rauschenberger v. Radetsky, 745 P.2d 640 (Colo.

1987).

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work will be done on such a bill, after the deadline for requests has passed, unless the Office

has received the necessary permission from the Committee on Delayed Bills of the house in

which the bill is to be introduced. Concurrent resolutions, joint resolutions, resolutions, and

memorials are exempt from the deadline schedule; however, the General Assembly's rules

may impose some limits on the introduction of resolutions and memorials.

Joint Rule No. 24 imposes a limitation on the number of bills that a legislator may

introduce. Appropriation bills, resolutions, and certain committee bills are excluded from

the bill limitations.

1.3 SOURCES FOR RESEARCH

The Office maintains a number of resources for research, including past statutes and session

laws, reference books, and access to electronic databases. Further, Office staff has access to

the Joint Legislative Library at the Capitol and, pursuant to section 2-3-506, C.R.S., Office

staff may use the Supreme Court Library for their work. General sources for research are

described in this section.

1.3.1 Colorado Revised Statutes

A bill may be patterned on an existing Colorado statute, even if the existing statute is not on

the same subject. For example, a bill creating a board to license a particular profession or

occupation should be based on the standard provisions of the licensing laws set forth in title

12, C.R.S.

The language in an existing law often has been construed administratively or judicially.

Using successfully "tried and tested" procedure or language is preferable to taking chances

on new language. However, existing laws are not always perfect in form, style, or substance

and may need to be adjusted to fit the needs of the bill being drafted. If permitted by the

sponsor, the drafter should check with the appropriate state agency regarding the

"workability" of the existing law before using it as a basis for new legislation.

If statutory research requires going back to a codification of the Colorado Revised Statutes

prior to 1973, the comparative table found in Volume 18, Colorado Revised Statutes (1973),

can be used to trace cites to their C.R.S. 1963 counterparts.

The following table shows a chronological list of publications of Colorado Statutes and the

correct citation for each publication:

Revised Statutes of Colorado (1868) R.S. p. ___, § ___.

General Laws of Colorado (1877) G.L. § ___.

General Statutes of Colorado (1883) G.S. § ___.

Revised Statutes of Colorado (1908) R.S. 08, § ___.

Compiled Laws of Colorado (1921) C.L. § ___.

Colorado Statutes Annotated (1935) CSA, C. ___, § ___.

Colorado Revised Statutes 1953 (1953) CRS 53, § ___.

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Colorado Revised Statutes 1963 (1963) C.R.S. 1963, § ___.

Colorado Revised Statutes* (1973) C.R.S., § ___.

*The 1973 publication was originally titled "Colorado Revised Statutes 1973", but is now

titled "Colorado Revised Statutes".

1.3.2 Session Laws of Colorado

After every session of a General Assembly, both regular and extraordinary, a "Session Laws

of Colorado (year)" is published containing all laws of both a permanent and temporary

nature enacted at that session, proposed constitutional amendments and laws referred by

that particular session to the people, and those constitutional amendments and initiated laws

adopted at the general election held prior to the printing of a particular volume of Session

Laws. Session Laws also contain most joint resolutions and certain other resolutions and

memorials. These can help in drafting similar resolutions and memorials for a current

session.

Session Laws are cited as follows: "Session Laws of Colorado 1987" or "Session Laws of

Colorado 1986, Second Extraordinary Session". Electronic versions of past Session Laws are

available on the Office's publications webpage:

http://leg.colorado.gov/agencies/office-legislative-legal-services/publications. The

University of Colorado's law library maintains an electronic version of session laws for years

prior to 1998, which is available online:

http://lawcollections.colorado.edu/colorado-session-laws/.

1.3.3 Red Book

The "Red Book" is a pamphlet with a red cover prepared by the Office of Legislative Legal

Services after every regular session. The Red Book contains a list of all C.R.S. sections that

have been repealed, amended, recreated, or added by laws enacted at the preceding regular

session and at any extraordinary session held since the publication of the last Red Book. The

Red Book also contains the tentative C.R.S. section number or numbers assigned to such

new laws. The Red Book indicates the number and section of the bill in which the C.R.S.

section was repealed, amended, recreated, or added, the effective date of the section, and the

chapter of the session laws where the bill may be found. For example, through the use of the

1994 Red Book, a person can determine which sections of C.R.S. were amended during the

1994 session, which sections were repealed, and which sections were added. The same

information can be found in tables included in the annual volumes of Session Laws.

Electronic versions of past Red Books are available on the Office's publications webpage:

http://leg.colorado.gov/agencies/office-legislative-legal-services/publications.

1.3.4 Bills from Prior Sessions

A bill may be based on a similar bill prepared for a prior session. The Office maintains

various subject indices and other finding aids that will facilitate research into bills drafted for

prior sessions. In addition, a senior staff member may recall whether a similar measure was

previously drafted.

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If a bill is modeled on one prepared for a previous session, the drafter should check the

member's bill request file for the old request sheet for additional information. The drafter

should also check the journals of the particular session or the Office materials containing bill

histories to ascertain whether the bill, even if not passed, was amended either by committee

or on the floor. Before including any such amendments in the bill, the drafter should verify

that they come within the current sponsor's purpose.

The drafter should never use a bill prepared for an earlier session without making it current and

checking it thoroughly for citations, dates, and so forth. Usually some improvement in the style

and even the substance of the former draft can be made. Do not assume that a bill is

satisfactory in all respects simply because it was introduced at a prior session.

1.3.5 Bills of Current Session

A member may request a bill identical or similar to a bill already introduced in the current

session. The member may intentionally request such a bill for a number of reasons,

including introducing the same bill in the other chamber or to replace a bill that has been

postponed indefinitely or otherwise lost. A drafter who receives a request for a bill that is

identical or similar to a bill already introduced, the drafter should discuss with the sponsor

whether the sponsor wants to use the prior bill's language or make changes before to

introducing the new bill.

If a member makes a request for a bill that is similar to a different request for a bill that has

not been introduced, or has been introduced and is still pending, it may be a duplicate

request. In that case, the drafter should consult the duplicate bill request policy described in

section 1.1.3 of this chapter.

1.3.6 Laws and Bills of Other States

The drafter may ask the bill's sponsor if similar legislation has been adopted by other states

or check the codes of other states that may have enacted laws addressing the same issue. In

following a statute of another state, the drafter must change the form and terminology to

conform to Colorado style and rules.

1.3.7 Uniform and Model Acts

In a few instances, the kind of bill desired has been prepared by the Uniform law

commission, also known as the National Conference of Commissioners on Uniform State

Laws, or a sponsor may specifically request a "uniform" bill. The commission prepares

uniform acts on a variety of subjects that are intended, for the most part, to be followed

exactly. For information about drafting uniform laws, see Chapter 12 of this manual titled

"Guidelines for Drafting Uniform Acts".

Numerous organizations prepare model acts on a variety of subjects. "Model acts" differ

from "uniform acts" in that they can be used as guides for legislation in which uniformity is

not required. If a member requests a bill based on a model act, the drafter should prepare a

draft of the model in the proper form and Office style. A benefit of using model legislation is

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that the act has been reviewed by others who may have identified potential problems and

included solutions in the model legislation, but a drafter should identify Colorado-specific

issues in the act that may not be addressed by a nationwide organization, and raise any

potential issues with the sponsor.

1.4 PREPARING TO DRAFT

1.4.1 Analyzing the Kind of Bill Required

After doing the necessary background research, the drafter is ready to begin making

decisions about the bill itself. A bill can do one or more of the following things:

! Create new law;

! Amend existing law;

! Repeal existing law.

1.4.1.1 Creating New Law

If existing law cannot be amended or repealed to accomplish what is desired, the bill will

create new law. New sub-subparagraphs, subparagraphs, paragraphs, subsections, sections,

parts, and articles may be added so as to fit into C.R.S., however, new titles are rarely

created.

Exceptions to the rule that new material must fit into C.R.S. are allowed for appropriation

bills and other bills whose applicability is strictly limited in time. An example of a bill having

temporary applicability was H.B. 72-1133, which enacted special procedures for the 1972

general election. These procedures were necessitated by legislative reapportionment and

would not be in effect for subsequent elections. The act appears in the 1972 Session Laws

but was never published in C.R.S.; accordingly, it was not necessary to designate C.R.S.

section numbers in the bill.

1.4.1.2 Amending or Repealing Existing Law

If existing statutes deal with the subject covered by the request and a change in existing

language, the addition of new language, or the repeal of existing language will accomplish

the objective of the sponsor, the bill will likely amend or repeal that existing law. If the bill

amends existing law, the drafter should harmonize the language and form with that used in

the current law in order to avoid creating inconsistencies and conflicts with unamended

portions of related law.

If a bill repeals any statutory subdivision, is to be repealed, the drafter must remember to

amend out any references to the repealed subdivision that are contained in other C.R.S.

sections. Sections that refer to a subdivision to be repealed may be determined by searching

the statutes for references to the section that contains the repealed subdivision. However,

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this search will not necessarily identify sections that include references to the subject of the

repealed subdivision. The drafter will have to find those references through a word search of

the statutes. For example, if section 22-53-201, which creates the commission on school

finance, is being repealed, the drafter will need to search the statutes for references to

22-53-201 and to search the statutes for the phrase "commission on school finance".

1.4.2 Outlining the Provisions of the Bill

A carefully prepared outline based on a sound analysis of the provisions that will be required

in the bill is a good preliminary step before beginning actual drafting. Most often, a bill is

structured so that the C.R.S. sections that form the core of the bill appear in numerical order.

When a bill consists primarily of a new article, part, or sections added in a single place with

the remainder composed of miscellaneous conforming amendments to existing statutory

sections, the new material should be placed first, followed by the amendments.

1.4.2.1 Suggested Bill Outline Structure

The usual arrangement of the provisions of a bill is as follows:

(1) Title;

(2) Bill summary;

(3) Enacting clause;

(4) New material, if it constitutes the major portion of the bill;

(5) Specific amendments to existing law;

(6) Specific repeals;

(7) Appropriation;

(8) Applicability;

(9) Effective date, though the effective date and applicability section may be

combined;

(10) Safety clause or effective date clause.

1.4.2.2 Suggested Article Outline Structure

When a new article is added creating a new agency or establishing a new program, the

following arrangement of provisions within the article is suggested:

(1) Short title;

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(2) Legislative declaration;

(3) Definitions;

(4) Sections containing substance of the article, which cover:

(a) Main purpose;

(b) Administration;

(I) Administrative authority, i.e., powers and duties;

(II) Administrative procedure;

(d) Penalties.

A drafter should ensure the logical arrangement of an article's provisions, but because the

provisions of bills vary so much in character, there are no definite rules for organizing an

article. The drafter should examine existing statutes for the arrangement of laws similar to

the bill being drafted. It may be helpful to break a new article into several parts to assist in

organizing a lengthy bill.

1.4.3 Preparing Bills from Drafts Originating Outside the Office of

Legislative Legal Services

Frequently the Office receives a bill request that is accompanied by a prepared draft. In such

cases, unless instructed otherwise, the drafter's function is to check the draft for accuracy and

consistency with other laws, make necessary changes and corrections where inconsistencies

occur, and check the draft as to form. A drafter should avoid changes having no purpose

other than to substitute one's own preference in expression because editorial changes in

language to suit a drafter's preference may result in unintended but serious substantive

changes. Revisions may be made whenever they demonstrably improve the clarity of the

draft. If given permission by the bill sponsor, a drafter may contact the person who prepared

the draft to ensure that any suggested changes are consistent with the intent of the draft.

When instructed to review a draft for form only, that fact should be indicated on the bill

request form. See section 5.1.6.8 of this manual for instruction on reviewing as to form.

A uniform law is a type of draft that is prepared outside of the Office, but uniform laws come

with unique drafting rules and guidelines. For information about drafting uniform laws, see

Chapter 12 of this manual titled "Guidelines for Drafting Uniform Acts".

1.4.4 Use of Drafting Notes.

Drafting notes are a tool that can be very useful to the drafter. <{A drafting note is in bold,

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italicized, and underlined font inside braces and angle brackets, as shown here.}> This icon on

the WordPerfect toolbar will insert a drafting note into a document:

A drafting note is an effective method to communicate questions or comments to a bill

sponsor or other interested person, indicate places where the drafter inserted a change,

explain the reason for a particular drafting convention, or raise policy or practical questions.

After the questions are answered or resolved, the drafter or legislative editor can delete the

codes and remove the questions from the draft.

1.5 WORKFLOW OF BILL PREPARATION

Each drafter should become familiar with all of the steps involved in bill preparation by the

Office of Legislative Legal Services, from the date a request for bill drafting is received

through delivery to its House or Senate sponsor for introduction. These steps are

summarized below.

Bill Request: As described in section 1.1.2 above, a legislator or other person submits a bill

request. If submitted by persons other than sponsor, the bill is not considered "submitted by

the legislator" until the legislator has notified the Office either orally or in writing that he or

she will actually sponsor the bill request.

Docketing: Each bill request is assigned a LLS Number. A description of the bill is then

logged on a "member card" kept for each member and entered into CLICS. Every step of the

bill's progress is tracked through CLICS so a bill draft can be tracked at all times. The bill

request is assigned to a team and sent to the team leader for assignment to a staff attorney or

legislative editor.

Drafting: The legislator's idea is drafted into legal language and form.

Legal Editing: A legislative editor checks the drafter's work for errors, oversights, and

deviations from standard form, checks the correctness of references to C.R.S., and proofs the

bill draft against existing law if amended.

Team Leader's Revision: The team leader or the team leader's assistant reviews the bill for

constitutional and other legal issues and checks the bill title and bill summary. A legislative

editor will make any necessary changes following revision and return the bill to the drafter.

Bill Sponsor Review: The drafter forwards the prepared draft to the bill sponsor and any

authorized contact people for their review and comment. Any requested changes are

resolved and any changes are incorporated in a redraft which is usually circulated again to

the bill sponsor and any authorized contact people. The sponsor approves the bill for

introduction.

Assembling and Delivering: Legislative editors are responsible for making copies of each

bill and assembling the original and copies with sponsor sheets and bill backs. Depending on

any applicable rules, deadlines, and processes, sponsor preferences, bills are delivered either

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directly to the Secretary of the Senate or the Chief Clerk of the House for introduction or to

the sponsor, who will submit the bill to the Secretary of the Senate or the Chief Clerk of the

House. The bill is numbered by the Secretary or Clerk and assigned to a standing committee

by the presiding officer.

1.6 TRACKING A BILL THROUGH THE LEGISLATIVE PROCESS

Upon introduction, a bill is advanced through the legislature to passage or defeat. House

Rule No. 29 describes the course of a bill that is introduced in the House, and Senate Rule

No. 25 sets forth the course of a Senate bill. Amendments to bills can be proposed by

members when the bill is being considered by a committee to which a bill is referred or by

members when the bill is being considered on second or third reading. For a discussion of

procedure and responsibilities in amending a bill, see Chapter 3 of this manual titled

"Amendments to Bills".

Amendments made in the House are indicated in subsequent versions of a bill by the use of

shading and amendments made in the Senate are indicated by double underlining.

Bills are identified at different stages of the legislative process by the following terms:

! Printed bill: The bill as introduced before any amendments whatever are added. The

printed bill will be labeled as the "introduced" version.

! Engrossed bill: The bill as passed on second reading in the house of origin, including

any amendments adopted by that house on second reading. If no amendments are

made to the printed bill, the printed bill is the engrossed bill.

! Reengrossed bill: The bill as passed on third reading in the house of origin, including

all amendments adopted by that house. The reengrossed bill is transmitted to the

second house.

! Revised bill: The bill as passed on second reading in the second house, including any

amendments made to the bill on second reading by the second house.

! Rerevised bill: The bill as passed on third reading, including any amendments made

by the second house on third reading. The rerevised bill is then transmitted back to

the house of origin for any further action that it may have to take on the bill, or for

enrollment and transmittal to the Governor for action.

! Enrolled act: The bill in final form as adopted by both houses for transmittal to the

Governor.

See the Glossary in Appendix I of this manual for a more detailed list of terms and

definitions.

Note: Resolutions and memorials are governed by House Rule No. 26 and Senate Rule No.

30. Resolutions and memorials can be discussed and acted on the same day they are

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introduced, laid over one day, or assigned to a committee. Resolutions and memorials are

debated only once on the floor of the respective houses. Concurrent resolutions, on the other

hand, require a second and third reading in both houses.

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CHAPTER 2: DRAFTING A BILL

2.1 TITLE

The title is a critical part of a bill, and drafting the title is sometimes the most difficult and

challenging part of bill drafting. While this section 2.1 contains important information and

considerations about drafting the bill title, drafters should also consult the memos contained

in Appendix F.1.

2.1.1 The Single-Subject Requirement

The state constitution requires that a bill, other than a general appropriation bill, contain one

subject, and that subject must be clearly expressed in the bill's title. This requirement is

found in section 21 of article V of the state constitution, which provides:

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.

A bill can contain any number of sections and provisions so long as they relate to one

subject. The Colorado Supreme Court has held that if one general subject matter is

expressed in the title, the inclusion in the bill of subdivisions of the general subject matter

does not violate this constitutional requirement. Clare v. People, 9 Colo. 122, 125-126, 10 P.

799, 801-802 (1886). Furthermore, a bill may amend any number of different statutes so long

as all the amendments made to those statutes relate to one general subject. For example, in

order to comply with a judicial reform amendment to the state constitution, the General

Assembly enacted legislation to change the jurisdiction of certain courts and to repeal from

the statutes all references to justices of the peace and constables. The act accomplishing this

purpose amended over 400 different sections of existing statutes under a general title,

"Concerning courts". See Ch. 39, Session Laws of Colorado 1964, page 203.

However, a bill that includes a subject that is not contained in its title is void as to the subject

not expressed in the title. In Bd. of County Comm'rs of Teller Co. v. Trowbridge, 42 Colo. 449,

95 P. 554 (1908), the Colorado Supreme Court held that a statutory change in a district

attorney's salary in an act, the title of which related to "fees", was void because "salary" was

not clearly expressed in the title and was not germane to the subject expressed in the title.

The Colorado Supreme Court has repeatedly held that generality in the title to an act is not

objectionable, and that if matters contained in an act are germane to the subject of the title,

the requirements of section 21 of article V are satisfied. See the C.R.S. annotations to that

section.

However, in 1987 the Court struck down a bill that coupled expenditure and program cuts

with revenue and fee increases in order to fund that session's spending priorities, even

though the Court conceded that all sections in the bill related to a single subject that was

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stated in the bill's title. See In re House Bill No. 1353, 738 P.2d 371 (Colo. 1987). The bill's title

was "CONCERNING AN INCREASE IN THE AVAILABILITY OF MONEYS TO FUND EXPENDITURE

PRIORITIES FOR THE 1987 REGULAR SESSION OF THE GENERAL ASSEMBLY THROUGH

REALLOCATION OF FUNDS, PROGRAM CUTS, EXPENDITURE REDUCTIONS, USE OF REVENUE

FROM UNCLAIMED PROPERTY, AND INCREASES IN FEES." The Court, noting that the single

common feature stated in the title was "not sufficient", concluded "that these diverse and

incongruous subjects impermissibly impede achievement of the goal that each legislative

proposal be considered on its merits, and intrude on the governor's ability to exercise the

veto power." Id., at 373.

It appears that if a person wishes to challenge legislation based on a defect in the bill title,

the person must bring a judicial action after the legislation is enacted but before the

enactment, in the subsequent legislative session, of the annual bill that reenacts laws passed

in the previous session. Olin v. City of Ouray, 744 P.2d 761 (Colo. App. 1987), rev'd on other

grounds, 761 P.2d 784 (Colo. 1988).

In 1971, the Office of Legislative Legal Services, known at that time as the Legislative

Drafting Office, published a research memorandum titled "Bills to Contain One Subject"

that explores the single-subject requirement in some detail. Additionally, the Office prepared

another memorandum, last updated in 1997, that provides guidance regarding the single

subject and original purpose requirements. The relevant portion of the 1971 memorandum

and the 1997 memorandum are contained in Appendix F.1 of this manual.

2.1.2 Titles - General, Specific, Narrow

Bill titles may range from very broad to very narrow.

General:

A BILL FOR AN ACT CONCERNING SCHOOLS.

(The body of the bill could contain any matter concerning schools.)

Specific:

A BILL FOR AN ACT CONCERNING THE METHOD OF FINANCING PUBLIC SCHOOL

TRANSPORTATION.

(The body of the bill could contain any matter concerning financing transportation

for public school children, but could not contain matters, for example, concerning the

powers of school boards to finance the construction of school buildings.)

Narrow:

A BILL FOR AN ACT CONCERNING THE DELAY OF STATE BOARD OF EDUCATION

DEADLINES FOR IMPLEMENTING STANDARDS-BASED EDUCATION UNTIL A SPECIFIED

DATE.

(The body of the bill could only contain matters pertaining to the delay of the state

board's deadlines for standards-based education and could not contain matters

pertaining to other education issues.)

The common practice of the Office is to use tight titles on bills unless otherwise instructed by

the legislator requesting the bill. This practice leaves the final determination of the nature of

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the title with the sponsor.

When working with the bill sponsor, the drafter should discuss with the sponsor the pros and

cons of a narrow versus broad bill title. The sponsor may desire a "broad" title to allow

flexibility and latitude in the addition of amendments during the course of the bill's passage.

Alternatively, the sponsor may want a narrow or "tight" title so that the bill cannot be altered

by amendments containing matters not intended to be a part of the bill.

In any case, the drafter should be careful to avoid unnecessarily broad titles. While a title

usually should not be so tight as to prohibit amendments that are reasonably foreseeable and

that have a reasonable relationship to the single subject of the bill, the title should not be so

broad as to permit the addition of amendments that are only remotely related to the single

subject of the bill. The drafter should secure the express approval of the requesting legislator

before using a broad title and have good reasons for using such a title.

2.1.3 Guidelines for Drafting Bill Titles

In view of the strategic importance of the title and the necessity of complying with the

constitutional single-subject requirement, the title should be drafted very carefully. The

drafter should keep the following points in mind in drafting the title to any bill.

1. Ensure the title covers the components of the bill.

The drafter should either draft the title last or review the title to verify that it covers all

subjects in the body of the bill after writing the bill. The title should contain only the

subject of the bill, not a table of contents or an explanation as to what the bill contains, as

was done in 1966 in the "Metropolitan Stadium Act." See Ch. 36, Session Laws of Colorado

1966, page 124.

See also Metzger v. People, 98 Colo. 133, 136, 53 P.2d 1189, 1191 (1936) ("a broad and general

title is better than a title attempting to catalogue the constituent parts of an act.")

Bills drafted outside the Office sometimes contain long and rambling titles. The drafter

should not hesitate to replace such a title with one stating only the one general subject of

the bill.

2. Avoid using conjunctions.

If possible, conjunctions ("and" and "or") should be avoided in describing the subject of the

bill because conjunctions suggest a violation of the constitutional single-subject requirement.

For example, the title "A BILL FOR AN ACT CONCERNING INDIVIDUAL AND CORPORATE

INCOME TAXES" may violate the single-subject rule by embracing two subjects: (1) Individual

income taxes and (2) corporate income taxes. A better title might be: "A BILL FOR AN ACT

CONCERNING INCOME TAXES."

On the other hand, conjunctions are sometimes unavoidable and unobjectionable, such as

where a subject is commonly described by a phrase that includes a conjunction and no single

word exists to describe the subject. Examples: "Dependent and neglected children"; "sales

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and use taxes"; "alcohol and drug-related offenses"; "department of labor and employment".

3. Avoid narrative titles.

Narrative titles are those that list at length all matters addressed in a bill instead of stating a

single subject common to all matters in the bill. The following is an example of a narrative

title from a 1993 bill on workers’ compensation: "CONCERNING THE RESPONSIBILITY OF

INSURERS TO PAY THE TOTAL COST OF INDEPENDENT MEDICAL EXAMINATIONS IN

WORKERS' COMPENSATION PERMANENT DISABILITY CASES TO RESOLVE ISSUES RELATED TO

THE DETERMINATION OF MAXIMUM MEDICAL IMPROVEMENT OF THE CLAIMANT UPON

REQUEST OF THE CLAIMANT SUBJECT TO REIMBURSEMENT THROUGH AN OFFSET AGAINST

THE PERMANENT DISABILITY AWARD BASED ON ADJUSTED GROSS FAMILY INCOME OF UP TO

ONE HUNDRED TWENTY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL PURSUANT TO THE

INCOME CRITERIA FOR THE COLORADO MEDICALLY INDIGENT PROGRAM."

4. Do not use the phrase "and for other purposes" in the title.

The phrase "and for other purposes" or similar terminology should not be used in a title.

Although this phrase is used in federal legislation, it is not used in titles to Colorado

legislation under any circumstances. In the event it is added to the title of a bill, it does not

serve to include stray matters related or unrelated to the subject matter of a bill.

5. Narrow titles can be risky.

It is important to remember that the narrower a title becomes, the greater the danger that a

bill will contain a subject that is void because it is not covered in the title. In People ex rel.

Kellogg v. Fleming, 7 Colo. 230, 3 P. 70 (1883), the Colorado Supreme Court held that where

a title specifies that the bill is amending a designated section of a specific article, an

amendment that adds to the designated section new and different matters affecting many

other sections of the article not germane to the designated section is void.

6. Broad titles can also be problematic.

On the other hand, remember that the title of a bill should not be overly broad. If possible,

the title should be drafted to allow only those amendments that are foreseeable and are

germane to the single subject of a bill.

Where it is necessary to use a very broad title, the drafter should consider using "trailers" in

the title to provide notice about the bill's major provisions. For example, consider the

following title: "A BILL FOR AN ACT CONCERNING PROPERTY TAXES, AND, IN CONNECTION

THEREWITH, MODIFYING PROCEEDINGS REGARDING ABATEMENTS AND PROVIDING FOR

CERTIFICATION OF PROPERTY TAXES DUE AND UNPAID ON PERSONAL PROPERTY." In this

example, the subject -- "property taxes" -- is very broad, but the trailer, which is the

remainder of the title, provides helpful notice about the two major provisions of the bill.

7. Appropriations should be indicated in the title.

The title of any bill that contains an appropriation section that makes or reduces an

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appropriation should indicate that fact. This is extremely useful information and, while the

addition of this phrase is not required by the constitution, a law, or legislative rule, it is

standard drafting procedure. See section 7.3.1 of this manual for the correct language for the

trailers.

8. Do not use C.R.S. citations in the title.

As a rule, citations to the Colorado Revised Statutes should not be used in a title except for

purposes of restricting the subject matter of the bill. If cited, the abbreviation for Colorado

Revised Statutes, i.e., "C.R.S.", should not be used; instead, "Colorado Revised Statutes"

should be written in its entirety.

9. Do not use blind titles.

The drafter should not use "blind" titles, such as "A BILL FOR AN ACT CONCERNING THE

REPEAL OF ARTICLE 21 OF TITLE 23, COLORADO REVISED STATUTES", without stating the

subject of the statutory material cited. Lack of a subject in the title causes confusion in

assigning the bill to committee and in indexing the bill. Additionally, a blind title fails to give

notice of the contents of the bill. A title that states "A bill of an act concerning the creation of

the '_____ Act'" should also be avoided for the same reasons.

10. Avoid subjective judgments and rationale in the title.

The drafter should avoid subjective judgments in the title such as: "A BILL FOR AN ACT

CONCERNING IMPROVEMENTS IN MUNICIPAL ELECTION PROCEDURES." In this example, a

better title might be: "A BILL FOR AN ACT CONCERNING MUNICIPAL ELECTION

PROCEDURES." Similarly, the drafter should try to avoid stating the reason for a bill in the

title unless necessary to narrow the subject of the bill. Example: "A BILL FOR AN ACT

CONCERNING THE ADOPTION OF UNIFORM CHILD SUPPORT GUIDELINES TO COMPLY WITH

THE FEDERAL "OMNIBUS BUDGET AND RECONCILIATION ACT OF 1990."

11. Avoid commas and other punctuation in the expression of the single subject.

In order to follow the single subject and original purpose constitutional mandates, the Office

has adopted a general policy of composing bill titles that state the single subject at the

beginning of the bill title. To help identify clearly a bill's single subject, a comma -- or a

period, if a trailer or reference to an appropriation is not included -- is often placed at the end

of the subject. This rule is generally stated as "the single subject is what comes before the

comma". To avoid confusion and debate about what is the single subject of the bill title,

drafters should not set off parenthetical information with commas or use a serial comma in

the portion of the bill title that contains the single subject. Even though the comma might be

grammatically correct, in the context of drafting a bill title, using that comma could cause

problems.

When the bill contains additional information in a "trailer" that appears after the comma for

the single subject, the phrase "AND, IN CONNECTION THEREWITH," should be used.

While "trailers" must be "germane," or related to the single subject, the words of the "trailer"

are not considered part of the statement of the single subject of the bill title. Commas or

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semicolons may and should be used in the "trailer" portion of a bill title.

2.1.4 Titles on Recodification Bills

When an entire body of law is changed to reorganize and relocate provisions, the title may

include the word "recodification". For example: "CONCERNING THE RECODIFICATION OF

BANKING STATUTES." There is often debate as to whether a bill with this type of title can

contain substantive amendments as a part of the reorganization. The Office is not aware of

any rule or practice that would prohibit the inclusion of substantive changes, and there have

been prior bills that did involve substance. However, this debate would be eliminated by not

using the term "recodification" and drafting a broader title for the bill. The drafter should

discuss the implications of using "recodification" in a bill title with the member.

Sometimes bills contain a recodification of an entire body of law and are characterized by

the sponsor as only reorganizing or relocating existing law without making substantive

changes. Drafters have written bill titles such as "CONCERNING A NONSUBSTANTIVE

RECODIFICATION OF COLORADO'S BANKING LAWS" in hopes of limiting amendments to the

bill to nonsubstantive or technical changes. The drafter should discuss with sponsors that a

title that refers to recodification or nonsubstantive recodification may not prevent

substantive amendments from being added to the bill. What is substantive may be subject to

debate and ultimately depends upon the wishes of the committee or the body at the time an

amendment is offered to the bill.

2.1.5 Amendments to Titles

When a bill is amended after its introduction, it may be necessary or appropriate to amend

its title. A title may be amended to narrow, but not to broaden, the subject matter of the bill

as introduced. For additional considerations in amending bill titles, see Chapter 3 of this

manual titled "Amendments to Bills."

2.2 BILL TOPIC

Each bill, resolution, and memorial is assigned an unofficial bill topic. The bill topic is a very

brief phrase that identifies the measure according to its primary topic, purpose, or effect. It is

used to identify the measure in calendars, journals, bill status reports, the subject index, and

other legislative records. It will also be displayed on the voting machines in the House

chamber and may appear in the televised proceedings. Since the 1995 legislative session, the

Office of Legislative Legal Services has been responsible for drafting the bill topic. The bill

topic is drafted when the bill, resolution, or memorial itself is drafted. It does not appear on

the introduced measure, but it is written on the request sheet and entered into CLICS.

Before the 2015 regular session, bill topics were referred to as "short titles". To avoid

confusion between statutory or nonstatutory short titles and short title descriptions of bills, in

2014 the term used for the short description of the bill was changed to "bill topic".

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2.2.1 Guidelines for Drafting Bill Topics

1. The bill topic should provide as much identifying information as possible within a

maximum size of 50 characters, including spaces, punctuation, and numerals.

2. The bill topic should identify the bill's primary topic. An awareness of the way the bill

topic is used in other documents should aid the drafter in writing a bill topic that is

user-friendly and achieves the purpose of identifying the bill for the public. The bill topic is

pulled from the CLICS program for insertion in the daily House and Senate calendars.

When a bill is listed for a committee hearing, the entry will include the bill number, the

sponsors' name, and the bill topic. In addition, each word of the bill topic for a bill is

retrieved and alphabetized, one word at a time, to create the subject index. Members of the

public, as well as legislators, staff, and lobbyists, look at the one-word entries in the subject

index to identify bills. For example, someone looking for a bill affecting no-fault insurance

rates would expect to find the bill by looking at the entries for "Insurance", "No-fault", or

possibly "Motor" or "Vehicle". When drafting a bill topic, the drafter should think about

how someone likely to be affected by the bill or looking for a certain type of bill would look

for the bill in the index. Instead of focusing on the purpose of the bill, focus on who or what

is affected, e.g., insurance industry, small business, health department, or what the basic

subject matter is for the bill. Simplifying the long title into a shorter version may not

communicate the topic of the bill.

3. A bill topic should not be used to achieve a partisan purpose or effect. The purpose of a

bill topic is not to make the bill seem more attractive by including"spin". Rather, the purpose

is to describe the primary topic, purpose, or effect of the bill. Accordingly, a bill topic should

be written in objective and neutral language. For instance, a bill topic should not include

subjective, value-laden words like "improve," "enhance," or "better"; instead, use neutral

descriptions such as "more stringent," "decrease requirements," "more funding,"

"standardize," etc.

4. In particular, do not use the word "act" -- in the sense of a bill that has become law -- and

do not refer to the year of enactment. This information is redundant and not helpful to the

reader.

5. When possible, the bill topic should state a subject, like "Alcohol Beverages Produced In

CO". However, the bill topic may also use verbs like "Recodify Traffic Laws" or "Retaining

Abandoned Property".

6. The bill topic does not have to be 100% technically accurate and does not have to identify

100% of the contents of the bill. The drafter should try to use "plain English" words in the

bill topic in the place of legalistic, technical words that may be used in the title or the body of

the bill. However, the drafter must be careful to use reasonably accurate terms and avoid

misstating the bill's primary topic, purpose, or effect when substituting plain English words

for technical terms.

7. The bill topic is not amended or updated as the bill is amended. Therefore, the drafter

should try to avoid specific information that may change after the bill is introduced.

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8. The bill topic should be in lower case letters with the first letter of each word capitalized,

i.e., "Initial Capped". There should be no period at the end. The bill drafting macro

automatically puts quotation marks around the bill topic.

9. Articles such as "the," "a," etc., should always be omitted. If necessary to squeeze other

key words into the bill topic, the drafter may also omit connecting prepositions even if the

resulting bill topic does not make strict grammatical sense. For example: "CO Youth Small

Game Hunting Licenses"; "Workers' Comp Motor Vehicle Accidents".

10. Because each of the words of the bill topic is used individually to create the subject index

that is used by the public and legislators to identify bills, the use of abbreviations is

discouraged. If you do use abbreviations, use standard and consistent abbreviations. The

standard abbreviations can be found on the internet at

http://leg.colorado.gov/sites/default/files/bill-topic-abbreviations.pdf

11. Do NOT make up abbreviations. Use abbreviations for words only when their meaning

is widely recognized, ex: RTD, TANF. If a drafter wishes to use an abbreviation that does

not appear on the list of approved abbreviations, the drafter should consult with the Revisor

of Statutes and/or the House Chief Clerk.

12. Apply this TEST: Separate out the words from the proposed bill topic and ask, "Would

the average subject index user think of that individual word to try to find this bill?" If the

answer is "no," then the drafter should modify the bill topic.

13. Do NOT abbreviate every word in the bill topic. It is recommended that the drafter use

no more than two abbreviations in a bill topic.

14. The subject index is useful if it groups similar bills together under the same key words. If

there are multiple bills on the same subject, the drafters and the teams should attempt to

identify those similar bills using the same key words in the bill topics for those bills. For

example, all insurance bills should have "insurance" in the bill topic. All medicaid bills

should have "medicaid" in the bill topic.

2.3 BILL SUMMARY

Joint Rule No. 29 of the Senate and House of Representatives requires that every bill and

concurrent resolution include a brief summary written by the Office of Legislative Legal

Services. The drafter should write the bill summary after drafting the bill or concurrent

resolution and should attempt to state in the summary what the bill would accomplish. See

Appendix A for examples of bill summaries in the bill samples.

2.3.1 Guidelines for Drafting Bill Summaries

1. The bill summary should be brief yet easy to read and understand. It should provide a

succinct, clear, and accurate synopsis of the major points of the bill.

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2. The drafter should try to use "plain English" words in the bill summary in place of

legalistic, technical words that may be used in the body of the bill. For example, a bill

summary may describe changes in the amounts recoverable in civil actions for "wrongful

death," although the statute amended by the bill uses the term "actions notwithstanding

death" rather than the term "wrongful death." However, the drafter must be careful to use

reasonably accurate terms and avoid making debatable legal conclusions when substituting

plain English words for technical terms.

3. In order to enhance readability, bill summaries should be written in complete sentences

and may emphasize significant points through the use of bullets. The bill drafter is also

encouraged to refer to sections of the bill by section number when practicable and if doing so

would be helpful to the reader in determining what the different parts of the bill do. Section

numbers in the summary should appear in bold type. For example, "Section 1 of the bill

requires . . ."

4. A bill summary for a bill that amends current law should describe how the bill will change

current law, rather than how the law will read after the change is made. This is especially

important in describing changes made by repealing and reenacting current law. For

example, if current law requires the payment of a fee either in cash or by check, and the bill

proposes to eliminate payment by check, then the bill summary should state something like,

"The bill eliminates the option of paying the fee by check", rather than "The bill requires

payment of the fee in cash".

5. The substance of a repealed statute should be indicated in the summary if it is important

to the bill.

6. When it is helpful for understanding the changes in a bill, the bill summary should

provide some explanation of existing law and the legal context of the changes.

7. The bill summary should describe changes in order of importance or in some other logical

order, which may not mirror the order in which the changes appear in the body of the bill.

Additionally, related changes should be described together in the summary. For example,

the most important changes could be described first, and minor changes could be mentioned

last. Moreover, the bill summary could list changes made by the bill in the order in which

the affected events are likely to occur e.g., changes to procedures for obtaining driver's

licenses could be described before changes to penalties for traffic offenses.

8. Whenever practical, the bill summary should include specific numbers, dates, and

amounts contained in a bill, rather than using phrases such as "after a specified date," "by a

specified amount," etc. For example: "Section 2 of the bill increases the state sales and use

tax by one-fourth of one percent, effective November 1, 1995."

In some cases, however, it may be more useful for the reader to exclude specific figures,

amounts, or percentages. For example, if a bill contains a complex formula, the bill

summary should not attempt to explain it fully. Additionally, if the figures or amounts are

expected to be further negotiated and modified by amendment, the drafter might consider

excluding them from the bill summary.

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9. The drafter should avoid overusing the word "provides" in the bill summary. Instead, the

drafter should use more specific words, such as "increases," "establishes," "creates," etc. The

drafter should also avoid starting each sentence in the bill summary with the phrase "The

bill..." The bill summary should contain a variety of sentence structures and should avoid

sounding overly repetitive or mechanical.

10. The drafter should avoid statements of meaningless information, such as "The bill

amends definitions" or "The bill amends the definition of 'public employee'". In these

examples, the drafter should actually describe the definitional changes and how they change

substantive law, if the changes are important to the bill; otherwise, it is not necessary to

mention them at all.

On the other hand, if a bill contains numerous minor changes or conforming amendments, it

may be useful to include a statement like "Sections 5 to 9 of the bill make conforming

amendments." Similarly, if a bill contains a legislative declaration and the drafter wants to

note that, it should be noted with a statement like "Section 1 of the bill makes legislative

findings and declarations."

11. The drafter should always check a bill summary submitted with a draft that is prepared

outside the Office to verify that the summary reflects what the bill actually does.

12. If a bill is recommended by an interim or statutory committee, the summary should

begin with the name of the committee. The name of the committee should be in bold type

and followed by a period that is also in bold type, and the first letter of each significant word

should be capitalized as follows:

Committee on Legal Services.

Executive Committee of the Legislative Council.

Interim Committee on School Finance.

Joint Budget Committee.

Transportation Legislation Review Committee.

2.3.2 Policy for Updating Bill Summaries After Bills are Reengrossed

Upon the approval of the Committee on Legal Services, the Office started updating bill

summaries during the 2010 legislative session. The General Assembly amended Joint Rules

21 and 29 of the Senate and House of Representatives in the 2010 session to implement the

updating of bill summaries. Joint Rules 21 and 29 provide, in pertinent part:

Joint Rules of the Senate and House of Representatives

21. Bills Which Amend Existing Law

Committee on Legal Services shall adopt and implement drafting

practices to improve the format of bills introduced in the General

Assembly in order that members of the General Assembly and the public

will have a better understanding of the content of bills and the

relationship of bills to existing law. Such practices may include the

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formatting and updating of bill summaries.

29. Bill Summaries

(a) Every bill and concurrent resolution which is introduced shall include a

brief summary thereof to be written by the Office of Legislative Legal

Services. Bill summaries shall be formatted and may be updated as

directed by the Committee on Legal Services in accordance with Joint

Rule 21.

[Emphasis added].

The Committee on Legal Services directed, and the Office's policy is, that the Office staff

must promptly update the bill summary after the bill has been reengrossed in the first

chamber so that it will be available 24 hours prior to the first committee hearing in the

second chamber. Because of the need to prepare and print the reengrossed bill as soon as

possible after its passage, the Committee on Legal Services determined that the updated bill

summary would not appear on the reengrossed bill but would be available online on the

General Assembly's website. A notice under the bill summary heading on the printed,

engrossed, reengrossed, revised, and rerevised versions of the bill states that the bill summary

applies to the bill as introduced and does not reflect any amendments that may be

subsequently adopted, and that if the bill passes third reading in the house of introduction, a

bill summary that applies to the reengrossed version of the bill will be available at

http://leg.colorado.gov/

Since the legislators and the public rely on the updated bill summary and the Committee on

Legal Services directed that it should be prepared in a timely fashion, it is very important

that the drafter completes an updated bill summary as soon as possible and, at a minimum,

in compliance with the direction from the Committee on Legal Services and the Office's

policy.

The drafter must comply with the following guidelines when updating bill summaries:

1. The updated bill summary must reflect changes contained in the reengrossed bill that are

made through amendment. Sometimes a bill is amended, but the original bill summary still

adequately describes the bill. In that case, the drafter still needs to create and finalize an

updated bill summary indicating that the summary still applies to the reengrossed bill.

2. When updating a bill summary, the drafter uses strike type and italics to indicate changes

from the original bill summary. This format was chosen to eliminate any confusion between

changes made to the bill summary and amendments made in strike type and small caps in

the body of the bill.

3. If the bill was not amended in the first house, the drafter still needs to create and finalize

an updated bill summary document to indicate the fact that no changes to the bill summary

were made.

4. If there were any errors made in the original bill summary, the drafter can correct the error

if it is still relevant to the reengrossed bill at the same time that the drafter is updating the bill

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summary for the second chamber.

5. An automatic CLICS e-mail will notify the drafter when the bill has passed on 3rd reading

in the house of introduction.

6. The drafter prepares the updated bill summary by following the "Updated Bill Summary

Procedure" in Appendix F.5.14. A legislative editor will edit the draft updated bill summary

before finalizing the updated bill summary and posting it on the General Assembly's website.

2.4 ENACTING CLAUSE

Section 18 of article V of the state constitution provides: "The style of the laws of this state

shall be: 'Be it enacted by the General Assembly of the State of Colorado'."

Section 2-4-213, C.R.S., provides:

2-4-213. Form of enacting clause. All acts of the general assembly of the state of

Colorado shall be designated, known, and acknowledged in each such act of said state as

follows: "Be it Enacted by the General Assembly of the State of Colorado".

The "enacting clause," as above stated, is placed immediately before the first section of a bill.

The wording cannot be varied since it is fixed by the constitution and statutory law. The

clause must be included before introduction of the bill; failure to include it could invalidate

the entire act. The prescribed form, placed in one line immediately preceding the first section

of the bill, is as follows:

"Be it enacted by the General Assembly of the State of Colorado:"

The macro to create a bill draft automatically adds this clause to every bill.

2.5 BODY OF A BILL

2.5.1 Prohibition on Introduction by Title Only

Section 19 of article V of the state constitution provides in part that "No bill shall be

introduced by title only." This provision specifically prohibits a former practice in the

General Assembly that allowed bills to be introduced with a title, the enacting clause, and

the word and figure "SECTION 1." The body of the bill would then "filled in" at at later

time. Now, every bill must be introduced "in full," that is, with a complete text.

2.5.2 Sectioning and Paragraphing - Terminology

The Colorado Revised Statutes are divided into 44 titles, and then each title is divided into

articles. An article may be further divided into parts, but not all articles contain more than

one part. Parts are then divided into sections, and each section may contain subsections,

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paragraphs, subparagraphs, and sub-subparagraphs as follows:

[Title]X-[Article]X-[Section]XXX. Headnote. (1) Subsection

(a) Paragraph

(I) Subparagraph

(A) Sub-subparagraph

(B) Sub-subparagraph

(II) Subparagraph

(b) Paragraph

(2) Subsection

(3) Subsection

In a three-part section number such as "5-6-101," "5" is the title number, "6" is the article

number, and "101" is the section number within the article and title. The three numbers

combined together as "5-6-101" constitute a section of C.R.S. When there is more than one

part in an article, the first digit of a three-digit section number and the first two digits of a

four-digit section number designate the part. For example, in section "5-6-301," the section

is found in part 3 of article 6 of title 5.

In drafting new material, short sections should be used. This will help in later amendments

and will reduce the length of amendments. When a long section containing several different

matters must be amended, the General Assembly sometimes becomes involved in

considering not only the particular matter at issue but other matters that the sponsor of the

bill might not have wished to address.

There is no definite rule as to the amount of material that should be put in one section, but,

generally, each distinct topic should be in a separate section subdivided as necessary. One

test for determining whether a section is too long is to attempt writing a headnote for the

section. If a short headnote cannot be written, the section is probably too long.

2.5.3 Section Headings - Headnotes

After each section number there is an explanatory heading or "headnote" that should briefly

describe the content of the section. Section 2-5-113 (4), C.R.S., provides in part that "The

classification and arrangement by title, article, and numbering system of sections of

Colorado Revised Statutes, as well as the section headings ... shall be construed to form no

part of the legislative text but to be only for the purpose of convenience, orderly

arrangement, and information; therefore, no implication or presumption of a legislative

construction is to be drawn therefrom." Thus, changes in section headings may be handled

by the Revisor of Statutes and are not amended by bills.

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While the headnote is mostly informational, the drafter should employ care and good

judgment in selecting the language of section headings. In In re U.M. v. District Court, 631

P.2d 165 (Colo. 1981), the Colorado Supreme Court held that, although no implication or

presumption of legislative construction is to be drawn from a heading added by the Revisor

of Statutes, a "legislatively selected" heading may be used by a reviewing court as an aid in

construing a statute section.

If the drafter of a bill wishes to change a section heading to reflect the content of the section

as amended by the bill, the drafter simply rewrites the section heading. The drafter does not

use strike type and small caps to show the changes to the section heading.

In a few instances, subsections within a section will also contain headnotes for clarity and

easy reference. For example, see section 10-16-139, C.R.S.

2.5.4 Amending Clauses

The body of every bill consists of sections numbered "SECTION 1.", "SECTION 2.",

"SECTION 3.", etc. Except for sections having only a temporary effect, each of these section

numbers is followed by an "amending clause" and, in a separate paragraph, by the existing

law as it is to be amended or by new parts, sections, etc., that are to be added to the C.R.S.

These amending clauses cite the existing law to be amended or added to, refer to "Colorado

Revised Statutes," and are instructions as to how the bill proposes to modify current law.

In some cases, the current version of the material being amended or added to has not yet

been published. For example, this may occur when amending material previously amended

or enacted during the same legislative session. In this situation, the amending clause will cite

the material being amended or added to, in the form described above, followed by a phrase

in the following form: "amend as amended [or enacted] by House Bill 12-1234 ...". See

Appendix B.15 and B.16 for examples of this type of amending clause.

2.5.4.1 General Rules for Drafting Amending Clauses

1. You can combine multiple types of provisions in the same C.R.S. section within a

single amending clause, i.e., an amending clause may amend subsection (1)(b) and

(1)(c)(II) in a single C.R.S. section in one amending clause.

2. Amending clauses always begin with "In Colorado Revised Statutes," unless the bill

amends another document.

3. You will use "instructions" for what is to happen with the provision being amended,

repealed, etc. These instructions are grouped and appear in a certain order, as

outlined in appendix B.1.1.

4. Instruction words, such as "amend," "repeal," "add," etc., appear in bold.

5. The type of provision you're working with, i.e., a part, article, section, subsection,

etc., will dictate where the bold instruction word goes — either before the listed

provision or after.

6. Each instruction phrase is separated by a semicolon, i.e., the amended portion stands

alone; the repealed portion stands alone; etc. Within each instruction phrase, the

provisions appear in numeric and alphabetic order. Example: repeal (1), (2)(d), (2)(e),

and (5).

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7. At the end of the clause, use "as follows:", unless it's a straight repeal.

8. References to introductory portions appear after the C.R.S. provision. Example: In

Colorado Revised Statutes, 23-2-103, amend (2) introductory portion and (6) as

follows:

9. In some instances, you can combine two or more sections, parts, or articles in one

amending clause so long as the provisions are on the same level, e.g., add two new

parts or two new articles in a single amending clause, but do not add a new part and

a new article in the same amending clause. See Appendix B.1.3 for guidelines for

combining instructions in a single amending clause.

10. Use the amending clause macro, which will properly format the amending

clause based on these general rules. In some special situations, the drafter will need to

modify the amending clause to address the circumstances and should confer with a

team editor or the Publications Coordinator to ensure the amending clause accurately

reflects how the bill is affecting current law.

While this chapter contains general information about amending clauses and a few

examples, drafters should consult Appendix B for more comprehensive and specific

information and examples to assist in drafting the amending clause.

2.5.4.2 Amending Current Statutory Material

2.5.4.2.1 Simple Amendment to a Single C.R.S. Section

The simplest form of an amending clause occurs when amending a section that is contained

in the current volume of C.R.S. In this case, the amending clause should read as follows:

SECTION 1. In Colorado Revised Statutes, amend 32-7-128 as follows:

If the section to be amended is contained in a bill enacted at the same legislative session, the

amending clause should read as follows:

SECTION 2. In Colorado Revised Statutes, amend as enacted by House Bill

12-1101 32-7-128 as follows:

When only the introductory portion of a section or subsection (and none of its subdivisions)

is to be amended, the amending clause should read as follows:

SECTION 3. In Colorado Revised Statutes, 32-1-103, amend the introductory

portion as follows:

2.5.4.2.2 Multiple Amendments Within the Same C.R.S. Section

Amendments to two or more subdivisions of the same C.R.S. section may be combined in

one bill section as follows:

SECTION 1. In Colorado Revised Statutes, 8-73-107 amend (1)(c), (1)(d)(II), (2),

and (4) as follows:

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Another type of combination may be used when one or more subdivisions of a section are

amended and new material is also added:

SECTION 1. In Colorado Revised Statutes, 8-73-107, amend (1)(c) and (1)(d)(II);

and add (1)(k) as follows:

Additional examples of amending clauses to amend current law can be found in Appendix

B.2.

2.5.4.2.3 Amending an Entire Provision

Whenever changing an entire provision, such as a section, subsection, or paragraph, any

action can be performed on that provision and combined with other actions, whether it is

amending, adding, or repealing.

Although an amending clause can combine many different instructions and perform a

variety of different actions in one provision, when everything in a provision is being

amended or the entire provision is being included in the bill for reader-friendly purposes, the

amending clause does not need to be broken up into separate instructions for each action

being performed. Instead, use the simple amending clause that amends the entire provision.

Here is an example of amending an entire section:

SECTION 10. In Colorado Revised Statutes, amend 18-1-201 as follows:

18-1-201. State jurisdiction. (1) A person is subject to prosecution in this state for

an offense which he THAT THE PERSON commits, by his THE PERSON'S own conduct or that

of another for which he THE PERSON is legally accountable, if:

(a) The conduct constitutes an offense and is committed either wholly or partly

within the state; or

(b) The conduct outside the state constitutes an attempt, as defined by this code, to

commit an offense within the state; or

within the state, and an act in furtherance of the conspiracy occurs in the state; or

(d) THE CONDUCT WITHIN THE STATE CONSTITUTES AN ATTEMPT, SOLICITATION, OR

CONSPIRACY TO COMMIT IN ANOTHER JURISDICTION AN OFFENSE PROHIBITED UNDER THE

LAWS OF THIS STATE AND SUCH OTHER JURISDICTION.

(2) Whether an offender is in or outside of the state is immaterial to the commission

of an offense based on an omission to perform a duty imposed by the law of this state THIS

ARTICLE 1.

The effect of the amending clause is that the introductory portion to subsection (1), (1)(a),

and (2) are amended, (1)(b) is repealed, and (1)(d) is added. When the section is printed in

the statutes, (1)(b) will be shown as "deleted by amendment" rather than as repealed because

the amending clause states that the section is "amended". SEE, FOR EXAMPLE, SECTION

10-16-104 (4):

10-16-104. Mandatory coverage provisions - definitions - rules. (4) (Deleted by

amendment, L. 2009, (HB 09-1204), ch. 344, p. 1802, § 2, effective January 1, 2010.)

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2.5.4.3 Adding New Statutory Material

2.5.4.3.1 New Sections

New sections may be added at the end of a statutory title, article, or part or inserted at the

most logical point between existing statutory material - sometimes through the use of

decimals. The amending clause for adding a new section or sections should read as follows:

SECTION 1. In Colorado Revised Statutes, add 10-3-911 as follows: {When

adding a single C.R.S. section}

SECTION 2. In Colorado Revised Statutes, add 10-3-911, 10-3-912, and 10-3-913

as follows: {When adding multiple C.R.S. sections to the same part or article}

If adding new sections at the end of an article or part, the new sections would be numbered

10-3-911, 10-3-912, etc. Decimal points may be used to insert new sections between existing

sections. For example, to insert new sections between sections 10-3-904 and 10-3-905, use

section numbers such as 10-3-904.3, 10-3-904.5, 10-3-904.7, etc. New sections inserted

between existing sections should be numbered to allow for later insertion of additional

sections. For example, the first section inserted between sections 10-3-904 and 10-3-905

should not be 10-3-904.1 unless the new section is so closely connected to 10-3-904 in subject

matter that it is inconceivable anyone would later want to insert a different section between

10-3-904 and 10-3-904.1.

A new section may be placed before the first section in an existing article or part in three

instances only:

(1) To add a new "short title" section, which must be numbered as section

#-#-100.1;

(2) To add a new "legislative declaration" section, which must be numbered as

section #-#-100.2;

(3) To add a new "definitions" section, which must be numbered as section

#-#-100.3.

2.5.4.3.2 New Subsections, Paragraphs, Subparagraphs, and

Sub-subparagraphs.

New subsections, paragraphs, subparagraphs, or sub-subparagraphs may be added either at

the end of the existing statutory material or at a logical point within the existing statutory

material. The amending clause in either case should read as follows:

SECTION 1. In Colorado Revised Statutes, 7-30-104, add (3) as follows:

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SECTION 2. In Colorado Revised Statutes, 7-30-109, add (1)(c) as follows:

Decimal points may be used for adding new subsections, paragraphs, subparagraphs, and

sub-subparagraphs. For example, if the most logical location to add a new subsection to

section 7-30-104 is between subsections (1) and (2), a new subsection (1.5) could be added.

2.5.4.3.3 New Titles, Articles, and Parts

When the new material is sufficiently long and is not directly related to specific provisions of

existing law, a new article or part should be added. New titles are rarely added, and the

drafter should consult with the Revisor before adding a new title.

New articles are either added at the end of an existing title or inserted between existing

articles. The amending clause to add a new article should read as follows:

SECTION 1. In Colorado Revised Statutes, add article 8 to title 2 as follows:

If a new article were to be added at the end of title 1, its sections would be numbered

1-46-101, 1-46-102, et seq. Some titles have article numbers reserved for expansion. See, for

example, title 12, C.R.S.

If the new article fits most logically between two existing, consecutively numbered articles,

it can be designated with a decimal point. For example, if drafting a new licensing law for

inhalation therapists, which should be placed in alphabetical order within the health care

professions and occupations portion of title 12, "Professions and Occupations", the article

should be placed between Article 230 regarding hearing aid providers and article 235

regarding massage therapists and could be numbered "article 230.5." The new article would

contain sections numbered 12-230.5-101, 12-230.5-102, et seq. The designation of an article

as ##.5, rather than as article ##.1, allows future articles to be added either before or after

the new article.

In extreme situations, a new article numbered "0.5" could be inserted before the first article

in an existing title. This practice is discouraged and should only be done where the new

material simply cannot be placed anywhere else in the statutes.

New parts are always added at the end of an article. For example, if new parts were added to

article 2 of title 2, the sections in successive new parts would begin with 2-2-2001, 2-2-2101,

et seq. Because the original design of the computerized statute data base did not contemplate

the practice, new parts cannot be added by means of decimals.

Whenever adding a new part to an existing article, it will be necessary to change every

reference to "this article" or "this article __" in the existing article to "this part __" or to "parts

__ to __ of this article __" unless the reference may correctly be applied to the new part as

well as the remainder of the article. If a large number of these types of amendments is

required, it is better to add a new article instead of a new part.

The amending clause for the addition of a new part should read as follows:

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SECTION 1. In Colorado Revised Statutes, add part 5 to article 4 of title 2 as

follows:

When an existing law is materially amended or rearranged to accomplish the purpose of a

bill, when all the law on a subject scattered throughout the statutes is brought under one

statute, or when a sponsor wishes to repeal all the old law on a particular subject and enact

an entirely new and usually simplified approach to the subject at hand, a new article or part

may be added and existing, conflicting law repealed. A good example of the use of this

method was House Bill 1094 in 1965, the "Colorado Municipal Election Code of 1965", in

which the existing laws on municipal elections were repealed and an entirely new code

consisting of 176 sections was adopted.

In using this method, both the sponsor and drafter should consider the fact that judicial and

administrative interpretation of an old law may be lost in the creation of an entirely new

statute on subject matter that has been on the books for many years. Also, all existing law

and references to the subject matter covered by the new law should be checked carefully so

that conflicting and duplicate laws and references to any laws repealed do not remain in the

statutes. If existing law is to be repealed in a bill creating new law, a repealing clause should

be included in the bill.

Additional examples of amending clauses adding new statutory material can be found in

Appendix B.5.

2.5.4.4 Repealing and Reenacting Existing Law

Joint Rule No. 21 of the Senate and House of Representatives specifies the format drafters

are to use when amending existing law.

21. BILLS WHICH AMEND EXISTING LAW

(a) Bills which would amend existing law shall show the specific changes to

be made to existing law in the following manner:

(1) All new material shall be capitalized.

(2) All material which is to be omitted from existing law shall be shown in

its proper place in cancelled letter type; such material, however, shall not be

deemed a part of the bill.

(3) The bill as printed shall show the following explanation at the bottom of

the first page: 1) "Capital letters indicate new material to be added to existing

statute;" 2) "Dashes through words indicate deletions from existing statute."

The foregoing shall not apply to those bills or sections of bills which repeal or

repeal and reenact existing law with amendments, if compliance is not feasible in

the discretion of the Office of Legislative Legal Services.

Joint Rule No. 21 favors showing the reader new material in small caps and omitted

material in strike type as a general rule. Accordingly, merging existing law and new law

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without distinguishing between new law and omitted law through the practice of "repealing

and reenacting" existing material is not favored. This alternative format in which the bill sets

forth only the text of the law as it would read after the bill became law without graphically

distinguishing the text of new or existing law leaves the reader uncertain as to the

relationship of new and existing law. However, Joint Rule No. 21 allows use of repeal and

reenactment when the interests of better understanding the bill are served by its use.

The form of the amending clause for repealing and reenacting existing law should read as

follows:

SECTION 1. In Colorado Revised Statutes, repeal and reenact, with

amendments, 1-1-101 as follows:

See Appendix B.6 for additional example of repeal and reenact amending clauses.

2.5.4.5 Repealing Existing Law

The general rule that the reader should see new material in small caps and omitted material

in strike type requires a preference for showing the repeal of complete subdivisions of law

such as articles, parts, sections, and subdivisions of sections in strike type as follows:

SECTION 1. In Colorado Revised Statutes, repeal 25-3.5-607 as follows:

25-3.5-607. Repeal of part. Unless continued by the general assembly, this part

6 is repealed, effective July 1, 1992.

SECTION 2. In Colorado Revised Statutes, 25-3.5-403, repeal (2) as follows:

25-3.5-403. Poison information center - state funding. (2) The general assembly

each year in the general appropriation bill may require that an amount equal to the state

appropriation for the poison information center be obtained from private fund-raising

sources prior to the disbursement by the state treasurer of the legislative appropriation.

However, a "straight repealer" may be employed when the length of the repealed provision

outweighs the benefits of seeing the provision in strike type. The form of a straight repeal is

as follows:

SECTION 1. In Colorado Revised Statutes, repeal article 11 of title 26.

With a straight repeal, the text of the statutory provision does not appear in the bill in strike

type.

When deleting entire subdivisions within an amendment to a larger body of material, it is

generally preferable for historical purposes to retain the numbers or letters designating the

deleted subdivisions instead of renumbering or relettering. Example:

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Preferred:

SECTION 1. In Colorado Revised Statutes, 44-30-518, amend (1) and (4); and

repeal (2) and (3) as follows:

44-30-518. Renewal of licenses. (1) Subject to the power of the commission

DIRECTOR to deny, revoke, or suspend licenses, any license in force shall be renewed by

the commission DIRECTOR for the next succeeding license period upon proper application

for renewal and payment of license fees and taxes as required by law and the rules of the

commission DIRECTOR. The license period for a renewed license shall be the same

period as the initial license period pursuant to section 44-30-501. In addition, the

commission DIRECTOR shall reopen licensing hearings at any time at the request of

the director, the Colorado bureau of investigation, or any law enforcement

authority. The commission DIRECTOR shall act upon any application prior to the

date of expiration of the current license.

(2) An application for renewal of a license may be filed with the commission

up to one hundred twenty days prior to the expiration of the current license, and all

license fees and taxes as required by law shall be paid to the commission on or before

the date of expiration of the current license. The commission shall set the manner,

time, and place at which an application is made.

(3) Upon renewal of any license, the commission shall issue an appropriate

renewal certificate or validating device or sticker that shall be attached to each

license.

(4) Renewal of a license may be denied by the commission DIRECTOR for

any violation of article 20 of title 18 or this article 30, or the rules promulgated

pursuant thereto, for any reason that would or could have prevented its original

issuance, or for any good cause shown.

Alternative:

SECTION 1. In Colorado Revised Statutes, amend 44-30-518 as follows:

44-30-518. Renewal of licenses. (1) Subject to the power of the commission

DIRECTOR to deny, revoke, or suspend licenses, any license in force shall be renewed by the

commission DIRECTOR for the next succeeding license period upon proper application for

renewal and payment of license fees and taxes as required by law and the rules of the

commission DIRECTOR. The license period for a renewed license shall be the same period

as the initial license period pursuant to section 44-30-501. In addition, the commission

DIRECTOR shall reopen licensing hearings at any time at the request of the director, the

Colorado bureau of investigation, or any law enforcement authority. The commission

DIRECTOR shall act upon any application prior to the date of expiration of the current license.

(2) An application for renewal of a license may be filed with the commission up to

one hundred twenty days prior to the expiration of the current license, and all license fees

and taxes as required by law shall be paid to the commission on or before the date of

expiration of the current license. The commission shall set the manner, time, and place at

which an application is made.

(3) Upon renewal of any license, the commission shall issue an appropriate renewal

certificate or validating device or sticker that shall be attached to each license.

(4) (2) Renewal of a license may be denied by the commission DIRECTOR for any

violation of article 20 of title 18 or this article 30, or the rules promulgated pursuant thereto,

for any reason that would or could have prevented its original issuance, or for any good

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cause shown.

The preceding alternative method should ordinarily be used only when recodifying a larger

body of law such as an entire article or part.

Once a statute is repealed, the C.R.S. number is never reused unless the statute is "recreated

and reenacted" as described below. This rule applies to articles, parts, and sections. It is

unlikely that an entire title would ever be repealed. However, if a title were repealed, the title

number could not be reused unless the title is recreated and reenacted, as was the case with

House Bill 19-1172, which repealed title 12 in its entirety and reenacted the title with

amended and relocated provisions.

In repealing existing law, the drafter must take great care to repeal all the existing law on the

subject and to eliminate from the law all references to the subject repealed. For instance, in

the example above, which abolishes a commission, if in existing law there were references to

the commission under an entirely different title of the statutes (for example, in article 75 of

title 24 on state funds) or if there were references to the commission in other parts of title 26

or in the "Administrative Organization Act of 1968," these provisions also would need to be

repealed or amended since the purpose of the bill was to abolish the commission. For further

information, please see section 2.5.5 on "Conforming Amendments," below.

As noted in section 2.3., above, in the discussion of bill summaries, the substance of a repeal

statute should be indicated in the bill summary if it is important to the bill.

Additional examples of amending clauses to repeal existing law can be found in Appendix

B.4.

2.5.4.5.1 General Repeals and Repeals by Implication

A general repealing clause, such as "All acts or parts of acts in conflict with this section are

hereby repealed," should never be used. A general repealing clause does not give a bill any

effect it would not otherwise have, and the Colorado Supreme Court held in People ex rel.

Wade v. Downen, 106 Colo. 557, 561, 108 P.2d 224, 226 (1940):

It would seem scarcely necessary to repeat the rule we have so often announced that repeals

by implication are not favored, and that it is only where there is a manifest inconsistency or

conflict between a later and earlier act, that a repeal by implication will be held to have

occurred.

The drafter should consider whether the bill requires or makes desirable the repeal of

existing law, and, if repeals are necessary, the existing law should be repealed as provided in

this manual.

2.5.4.5.2 Future Repeals

The General Assembly frequently passes bills that provide for the repeal of an act, a

provision contained in an act, or of other provisions in the statutes at a date later than the

effective date of the act providing for the repeal. In cases of "future repeals," the repeal

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provision should be set forth in the statutes. In the case of the future repeal of an article or

part, the repeal is set forth in a separate section, and in the case of the future repeal of a

section or a subdivision of a section, the future repeal is, if possible, set forth as a separate

portion of the section or subdivision. Thus, the future repeal of an existing section of law

would be accomplished as follows:

SECTION 1. In Colorado Revised Statutes, amend 33-3-603 as follows:

33-3-603. Permit - fee - repeal. (1) A permit shall be issued for five dollars ....

(2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.

Future repeals are used for several purposes, e.g., to require the department of regulatory

agencies to review, pursuant to section 24-34-104, C.R.S., a regulatory entity prior to its

repeal (a "sunset" review - see section 6.3 of this manual titled "Sunrise and Sunset Laws");

to force the legislature itself to consider whether a statute ought to continue; or to repeal a

statute that will become obsolete. Unless there is good reason not to do so, the drafter should

include a future repeal for provisions of law that will become obsolete at a known point in

the future, typically one year after the law becomes obsolete. Examples include one-time

revenue transfers between funds, other specified actions that must be taken by a particular

actor by a specific deadline, temporary task forces, and interim legislative committees

created in statute for a specified period. A drafter may choose not to include a future repeal

if the sponsor does not want one or if there is a particular need for the permanent statutes to

reflect law that no longer has any effect.

Additional examples of future repeals can be found in Appendix B.4.2.

2.5.4.5.3 Repealing Administrative Rules

Slight variations on the foregoing examples of repealing clauses are required for bills that

repeal rules promulgated by the executive branch of government. Since executive agency

rules are published in the Code of Colorado Regulations rather than as part of Colorado

Revised Statutes, it is important to give as much information as necessary to identify clearly

the rules to be repealed. The information should include the identity of the rule-making

entity, the subject matter of the rules being repealed, and a correct citation to the Code of

Colorado Regulations. Since there is no standardized numbering system used by executive

agencies, it is important to identify the rule in exactly the same manner as designated by the

agency, for example, "Regulation 11.d." or "Section IV (A)(7)". See Appendix H of this

manual for examples of repealing and amending administrative rules.

The drafter should be familiar with section 24-4-103 (8)(d), C.R.S., which governs the

General Assembly's authority to review administrative rules.

2.5.4.6 Recodification Showing Relocation of Provisions

Some bills simultaneously amend and reorganize entire titles, articles, or parts of Colorado

Revised Statutes. Frequently, the major purpose of a recodification is to create a clearer and

more logical statutory structure with less redundancy. Most of the changes tend to be of a

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minor, technical nature, such as renumbering provisions, correcting cross-references,

deleting obsolete or repetitive language, and substituting gender-neutral language. A few

very significant substantive changes may also be included.

When a recodificiaton bill is prepared in the form of a "repeal and reenactment," the

resulting law is shown in all capital letters as new law, and it is difficult for the reader to find

the significant, substantive changes. In this circumstance, the drafter may use an alternative

format that shows amendments in the form of strike type and small caps and that identifies

the source of relocated provisions. Examples of this alternative format may be found in the

1993 Session Laws at chapter 167 (regulation of fraternal benefit societies), chapter 183

(initiative and referendum process) and chapter 234 (regulation of racing); in the 1994

Session Laws at chapter 337 (recodification of title 42, concerning vehicles and traffic); and

in the 2019 Session Laws at chapter 136 (recodification of title 12, concerning professions

and occupations). This alternative format is recommended whenever it is practical and

useful to show the changes made by a bill recodifying a title, article, or part of Colorado

Revised Statutes.

When this alternative format is used, it is preferred that each relocated section is relocated in

its entirety; however, there may be instances that warrant dividing a section by relocating

portions of a section as demonstrated by chapter 183 from the 1993 Session Laws. If the

drafter needs to divide a section into two or more sections, it is recommended that those

portions requiring a different section number be shown in strike type in the original section

(including any subsections, paragraphs, etc.) and shown in capital letters in the new section.

This is the preferred procedure for relocating provisions and allows for more concise and

accurate publishing of the Colorado Revised Statutes and any comparative tables.

For examples of amending clauses that should be used in relocating provisions, see

Appendix B.8 of this manual.

2.5.4.7 Recreating and Reenacting Former Law

Previously repealed provisions may be "recreated and reenacted", as follows:

SECTION 1. In Colorado Revised Statutes, recreate and reenact, with

amendments, part 2 of article 5 of title 39 as follows:

The new material should be capitalized.

New law should not be enacted by recreating and reenacting previously repealed material

unless the subject matter of the new material is similar to the subject matter of the former

material.

Additional recreate and reenact amending clauses can be found in Appendix B.7.

2.5.5 Conforming Amendments

In amending existing law, the drafter must take great care to amend all C.R.S. sections that

are affected by the amendment to existing law. For example, when repealing a statutory

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section, it is necessary to amend all sections that refer to the section to be repealed.

Similarly, when changing terminology, it is necessary to amend all sections that use the

terminology to be amended.

When a section, part, or article is repealed, repealed and reenacted, or substantially

amended, the drafter should always perform a computer search of the statutes to locate all

other statutes that refer to the repealed or amended material so that appropriate conforming

amendments can be made. In addition, the drafter should perform other appropriate

computer searches of the statutes to locate sections requiring conforming amendments, such

as where a term is changed and the statutes must be amended wherever the old term is used.

When, in the judgment of the Director or the Revisor, conforming amendments would be so

numerous as to unduly burden or disrupt the legislative process, a section that allows the

Revisor to prepare conforming amendments may be added to the bill. See, for example, HB

12-1055, which contained the following language directing the Revisor to make necessary

conforming amendments:

(___) Change of name - direction to revisor - repeal. (a) WITHIN THREE

YEARS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (16), THE REVISOR OF

STATUTES SHALL CHANGE ALL REFERENCES TO THE DIVISION OF REGISTRATIONS

AND THE DIRECTOR OF THE DIVISION OF REGISTRATIONS IN THIS PART 1 AND

EVERYWHERE ELSE A REFERENCE IS CONTAINED IN THE COLORADO REVISED

STATUTES TO THE DIVISION OF PROFESSIONS AND OCCUPATIONS AND THE

DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS.

It is not always necessary or appropriate to make conforming amendments to statutes that

no longer have any operative effect. For example, in a bill that changes the name of the

"highway legislation review committee" to the "transportation legislation review

committee", it may not be necessary to amend a provision that requires the "highway

legislation review committee" to report to the General Assembly by January 1, 1992, or to

amend a provision that makes a statutory appropriation of money to the "highway

legislation review committee" for the fiscal year beginning July 1, 1992.

2.5.6 Short Title or a Name of a Law in the C.R.S.

Sometimes the legislative bill sponsor wants to include a name for the particular law, such as

the "Organic Certification Act" or "Katie's Law." This is called a "short title." The standard

format for a short title is:

x-xx-xxx. The short title of this [C.R.S. subdivision] is the "_________ Act".

2.6 SPECIAL CLAUSES

There are a number of special clauses that a drafter may include in bills depending upon the

nature of the particular bill. The drafter should always place these various clauses in

separate sections at the end of a bill. The following is an explanation of the special clauses

drafters use most frequently, and the reasons for including or omitting them from particular

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bills.

The following statutory examples of special clauses are based on sections of the Colorado

Revised Statutes but have been modified to reflect updated drafting practices. Therefore,

there are some discrepancies between the following examples and existing statute.

2.6.1 Saving Clause - Grandfather Clause

Usually the provisions of a bill enacted into law become effective on the effective date of the

new act. When a new act would affect existing rights, obligations, and procedures, a saving

clause may be included to limit the application of the bill when enacted into law. The saving

clause differs from the applicability clause, discussed below, in that the saving clause "saves"

existing law while the applicability clause provides that new law will apply to certain events

and transactions after a specified date.

Usually a drafter need not include a saving clause in a bill since a general saving clause,

concerning penalties and liabilities, is included in section 2-4-303, C.R.S.:

2-4-303. Penalties and liabilities not released by repeal. The repeal, revision,

amendment, or consolidation of any statute or part of a statute or section or part of a section

of any statute shall not have the effect to release, extinguish, alter, modify, or change in

whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have

been incurred under such statute, unless the repealing, revising, amending, or consolidating

act so expressly provides, and such statute or part of a statute or section or part of a section

of a statute so repealed, amended, or revised shall be treated and held as still remaining in

force for the purpose of sustaining any and all proper actions, suits, proceedings, and

prosecutions, criminal as well as civil, for the enforcement of such penalty, forfeiture, or

liability, as well as for the purpose of sustaining any judgment, decree, or order which can

or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions

imposing, inflicting, or declaring such penalty, forfeiture, or liability.

If the general statutory saving clause quoted above is not adequate for purposes of a

particular bill, the drafter should insert a specific clause. However, the drafter must use

extreme care in the drafting of a specific saving clause to be certain of its actual effect and

operation.

2.6.1.1 Examples of Specific Saving Clauses

The following are different examples of specific saving clauses:

4-7-703. Saving clause. A document of title issued or a bailment that arises before

September 1, 2006, and the rights, obligations, and interests flowing from that document or

bailment are governed by any statute or other rule amended or repealed by this article 7 as

if amendment or repeal had not occurred and may be terminated, completed, consummated,

or enforced under that statute or other rule.

13-22-230. Saving clause. This part 2 does not affect an action or proceeding

commenced or a right accrued before this part 2 takes effect. Except as otherwise provided

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in section 13-22-203, an arbitration agreement made before August 4, 2004, is governed by

the "Uniform Arbitration Act of 1975".

24-75-915. Saving clause. The repeal and reenactment of this part 9, effective July

1, 1986, does not affect the validity of any notes or any agreements in connection with such

notes issued by the state treasurer pursuant to the authority contained in this part 9 prior to

July 1, 1986.

2.6.1.2 Grandfather Clause

The "grandfather clause" is a special type of saving clause whereby persons lawfully engaged

in a particular profession, occupation, or activity do not have to comply with certain

provisions of a new licensing law. Former section 12-2-114 (1), C.R.S., concerning the

licensing of accountants, is an example:

12-2-114. Existing certificates confirmed. (1) No person who, on or before

August 1, 1959, holds a certified public accountant certificate previously issued under the

laws of this state is required to secure an additional certificate under this article 2 but is

otherwise subject to all the provisions of this article 2. Such certificate previously issued is,

for all purposes, considered a certificate issued under this article 2.

The example below in former section 12-8-109, C.R.S., was from a bill that repealed the

state board of barbers and cosmetologists and placed the licensing function with the director

of the division of registrations in the department of regulatory agencies. Former section

12-8-109 (1), C.R.S., addressed the validity of the rules adopted by the predecessor board,

and section 12-8-109 (2), C.R.S., addressed the validity of a license issued by the predecessor

board:

12-8-109. Rules and orders adopted by the state board of barbers and

cosmetologists under previous law - persons licensed or registered under previous law.

(1) All rules, rates, orders, and awards of the state board of barbers and cosmetologists

lawfully adopted prior to July 1, 2000, continue to be effective until revised, amended,

repealed, or nullified pursuant to law.

(2) All licenses issued by the state board of barbers and cosmetologists to practice

barbering or cosmetology prior to July 1, 2000, remain valid and are subject to renewal by

the director pursuant to section 12-8-115.

In reenactments of the income tax law and the general property tax law adopted in 1964,

two very inclusive saving clauses were included. The first quoted below is from the income

tax law, and the second quoted below is from the general property tax law:

39-22-624. Prior rights and liabilities not affected. Nothing in this article 22

affects any right, duty, or liability arising under statutes in effect immediately prior to

January 1, 1965, which are continued and concluded under such prior statutes. Nothing in

this article 22 revives or reinstates any right or liability previously barred by statute.

39-1-117. Prior actions not affected. Nothing in articles 1 to 13 of this title 39

applies to or in any manner affects any valuation, assessment, allocation, levy, tax

certificate, tax warrant, tax sale, tax deed, right, claim, demand, lien, indictment,

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information, warrant, prosecution, defense, trial, cause of action, motion, appeal, judgment,

sentence, or other authorized act, done or to be done, or proceeding arising under or

pursuant to the laws in effect immediately prior to August 1, 1964, which are governed by

and conducted pursuant to the provisions of law in effect immediately prior to August 1,

1964.

A saving clause can also "save" existing law from implied repeal. If a bill is to be

supplementary to an existing law, and is not intended impliedly to repeal any existing law,

the drafter may wish to insert a clause such as that in the "Colorado Water Quality Control

Act":

25-8-612. Remedies cumulative. (1) It is the purpose of this article 8 to provide

additional and cumulative remedies to prevent, control, and abate water pollution and

protect water quality.

(2) No action pursuant to section 25-8-609 bars enforcement of any provision of

this article 8 or of any rule or order issued pursuant to this article 8 by any authorized

means.

(3) Nothing in this article 8 abridges or alters rights of action or remedies existing

on or after July 1, 1981, nor does any provision of this article 8 or anything done by virtue

of this article 8 estop individuals, cities, towns, counties, cities and counties, or duly

constituted political subdivisions of the state from the exercise of their respective rights to

suppress nuisances.

2.6.1.3 General Saving Clauses

Instead of any of the more specific saving clauses above, the following general saving clauses

may suffice:

The remedies provided for in sections __ and __ are cumulative, and no action taken

by the state constitutes an election by the state to pursue any remedy to the exclusion of any

other remedy for which provision is made in this article 10.

This article 4 is intended to be in addition and supplementary to other laws of this

state, and does not repeal any of sections __ and __.

A drafter should include such saving clauses in a C.R.S. section since they are part of the

permanent law and should be located conveniently with the permanent law.

2.6.2 Severability Clause - Nonseverability Clause

If a court holds any part of an act unconstitutional, a severability clause insures that the

remainder of the act will not be affected. A severability clause is a type of saving clause in

that it "saves" parts of an act if a court declares any other parts of the act unconstitutional.

There is a general severability clause in article 4 of title 2, that applies to all statutes:

2-4-204. Severability of statutory provisions. If any provision of a statute is

found by a court of competent jurisdiction to be unconstitutional, the remaining provisions

of the statute are valid, unless it appears to the court that the valid provisions of the statute

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are so essentially and inseparably connected with, and so dependent upon, the void provision

that it cannot be presumed the legislature would have enacted the valid provisions without

the void one; or unless the court determines that the valid provisions, standing alone, are

incomplete and are incapable of being executed in accordance with the legislative intent.

It would seem that the above general severability clause would be adequate since it applies

to all statutes. Nonetheless, the Colorado Supreme Court has given some weight to the

inclusion of a severability clause in specific statutes. See In re Questions of the Governor, 55

Colo. 17, 123 P. 660 (1912); Mountain States Telephone and Telegraph Co. v. Animas Mosquito

Control District, 152 Colo. 73, 380 P.2d 560 (1963). Thus, a drafter may sometimes include a

severability clause in a bill, especially in long or controversial bills or when a member

specifically requests its inclusion in a bill. However, a drafter should not use a severability

clause should not be used indiscriminately since it serves no particular purpose in most bills.

If the drafter determines that a severability clause is necessary, the drafter should use the

example below, adapted from the severability clause in uniform laws:

X-X-XXX. Severability. If any provision of [this act] or the application thereof

to any person or circumstance is held invalid, such invalidity does not affect other

provisions or applications of [the act] that can be given effect without the invalid provision

or application, and to this end the provisions of [this act] are declared to be severable.

In some cases the General Assembly may request a "nonseverability" clause. This clause

declares that the General Assembly would not have enacted the bill without all the

provisions in it; therefore, if any provision is held to be invalid, the entire act is invalid. The

following is an example of a "nonseverability" clause:

29-8-139. Nonseverability. If any provision of this article 8 is held invalid, such

invalidity invalidates this article 8 in its entirety, and to this end the provisions of this article

8 are declared to be nonseverable.

2.6.3 Effective Date Clause

Since 1951, the following provision of article V of the state constitution has specifically

addressed effective dates of acts, though other provisions of the constitution may also have a

bearing on effective dates.

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....

2.6.3.1 Bills That Include a Safety Clause

Many bills do not specify a date when they become effective. Every bill that has a safety

clause but does not a specified effective date takes effect "on its passage". The date of

"passage" is determined by section 11 of article IV of the state constitution, which requires

that every bill passed by the General Assembly be presented to the Governor for approval or

veto. Under this section, a bill becomes law when signed by the Governor, when the

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Governor fails to act on the bill within the time allowed, or when the General Assembly

overrides the Governor's veto.

In most cases, the date of "passage" is the date of the Governor's signature. If the Governor

vetoes a bill and the General Assembly overrides the veto, the date of passage is the date on

which the second house passes the veto override motion. If the Governor does not sign or

veto the bill, the date of passage is the day following the date on which the period for

Governor action expires. The Governor may sign or veto a bill on any day during the

ten-day period after it is presented to him or her; except that, if the General Assembly

adjourns during the ten-day period before the Governor acts on the bill, then the Governor

may sign or veto the bill on any day during the thirty-day period following adjournment.

As a general rule, if a bill has an effective date clause but the Governor signs the bill after the

specified effective date, the bill takes effect as of the date that the Governor signed the bill. In

People v. Glenn, Jr., 200 Colo. 416, 420, 615 P.2d 700, 703 (1980), the Colorado Supreme

Court held as follows:

When a bill repealing a criminal statute is signed into law after the bill's stated effective

date, the directive contained in Art. IV, Sec. 11, to the effect that the bill does not "become

a law" until it is signed by the Governor, takes precedence over the directive contained in

Art. V, Sec. 19, to the effect that a legislative act "shall take effect on the date stated in the

act".

2.6.3.2 Bills That Do Not Include a Safety Clause

Under section 1 of article V of the state constitution, if a bill does not include a safety clause,

it is subject to the citizens' referendum power. In this case, the earliest the bill can take effect

is ninety days after adjournment of the legislative session in which the General Assembly

passed the bill. See In re Interrogatories, 66 Colo. 319, 181 P. 197 (1919). For a more detailed

explanation of the safety clause and the referendum power, see section 2.6.5 of this manual.

Thus, if a bill does not include a safety clause, it must include a clause that specifies an

effective date that is no sooner than ninety days after the session adjourns; the bill sponsor

may choose to specify an effective date that is later than the ninetieth day. The standard

ninety-day effective date clause reads as follows:

SECTION __. Act subject to petition - effective date. This act takes effect at

12:01 a.m. on the day following the expiration of the ninety-day period after final

adjournment of the general assembly (August 2, 2019, if adjournment sine die is on May 3,

2019); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of

the state constitution against this act or an item, section, or part of this act within such

period, then the act, item, section, or part will not take effect unless approved by the people

at the general election to be held in November 2020 and, in such case, will take effect on the

date of the official declaration of the vote thereon by the governor.

2.6.3.3 Specifying an Effective Date

The drafter should determine from the sponsor the date on which the sponsor wants the bill

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to take effect, and the drafter should be prepared to discuss with the sponsor reasons why the

bill should take effect at a particular time. Some bills can go into effect immediately without

undue inconvenience to anyone, and the sponsor may want the bill to take effect at the

earliest possible date. These bills need not contain an effective date section, and they will

take effect on "passage" so long as they have a safety clause. If the bill sponsor wants an

early effective date and therefore a safety clause to achieve the early effective date, the

drafter should discuss with the bill sponsor whether the bill meets the requirements of the

safety clause as described in section 1 (3) of article V of the state constitution, as necessary

for the "immediate preservation of the public peace, health, or safety....".

However, the better practice on most bills is to provide that they take effect on a definite date

subsequent to the passage of the bill. An interval between the passage and effective date of a

bill allows state agencies, local governments, the courts, and individuals to be informed of

the new law or the changes to existing law that affect them, and, during this interval, these

entities have time to make the necessary adjustments to comply with the new law.

Bills that affect state government and involve the appropriation or expenditure of state

money generally should have an effective date of July 1, which marks the beginning of the

state's fiscal year. Sometimes a date other than July 1 should be used. For certain tax bills,

the sponsor may want to have the procedural or other changes go into effect as soon as

possible.

The drafter should place the effective date clause near the end of the bill after any repeals or

appropriations and before the safety clause, if one is included. A specified effective date in a

bill that includes a safety clause can be simply stated as follows:

SECTION __. Effective date. This act takes effect July 1, 2019.

Some circumstances require variations in effective date sections. For example: In some

circumstances, certain sections of a bill should take effect at one time and other sections at

another time; increases in certain elected officials' compensation cannot apply during the

sitting officials' terms of office; or a new reapportionment act can apply only to subsequent

General Assemblies. Examples of effective date clauses with multiple dates that would apply

in these situations, both for bills that include safety clauses and those that do not, appear in

Appendix K of this manual.

Similarly, whether a bill becomes effective may be conditioned (contingent) upon passage of

another bill. For example, a bill or portions of a bill may take effect only if another bill

passes or may not take effect if another bill passes. Also, whether a bill takes effect may be

conditional upon whether another bill passes with a certain estimated level of cost savings.

Examples of conditional effective date clauses, both for bills that include safety clauses and

those that do not, appear in Appendix K of this manual.

If a bill takes effect, or a portion of a bill has an automatic repeal provision that takes effect,

on a date that is after the beginning of the next regular session, the drafter should specify the

effective date or the date of repeal in the statutory text. Specifying these dates in statute

provides more effective public notice that the section has a delayed effective date or repeal.

This practice also allows the General Assembly to amend the provision subsequently to

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further delay its effective date or repeal without having to amend an effective date clause or

a repeal clause in the act as printed in the session laws. In most cases, the drafter can easily

specify the effective date or repeal date by adding an additional subsection or paragraph in

the statutory text indicating, for example, "This section is effective July 1, 2020", or "This

section is repealed, effective July 1, 2020".

Under some circumstances, an act should take effect upon the occurrence of a particular

event or condition rather than on a date certain. For example, previously the state income

tax form accommodated only fifteen lines of income tax check-offs for voluntary

contributions to charitable organizations. In 2010, the General Assembly enacted part 38 of

article 22 of title 39, C.R.S., creating the unwanted horse fund voluntary contribution as the

sixteenth income tax check-off authorized in statute. To accommodate the limitations of the

income tax form, the General Assembly specified in section 39-22-3802 (2), C.R.S., that the

unwanted horse fund voluntary contribution would take effect as follows:

39-22-3802. Voluntary contribution designation - procedure - effective date.

(2) This part 38 shall take effect on September 1 of the year in which the executive director

of the department of revenue files a written certification with the revisor of statutes that

there are no more than fourteen other lines on the Colorado state individual income tax

return form for voluntary contributions for the state income tax year commencing in January

of the following year.

Drafters are discouraged from making an act effective upon the occurrence of some event or

condition unless absolutely necessary, because the reader of the statutes is unable to

determine from the statutes alone whether the act is in effect. When it is necessary to make

an act effective upon the occurrence of an event or condition, the drafter should clearly and

objectively describe the event or condition so that there is no room for argument about

whether the qualifying event or condition has occurred. For example, the following

provision is excessively subjective: "This act takes effect when caseload studies indicate its

provisions would be beneficial."

If a contingent effective date provision is necessary, the drafter should identify an objective

event or condition that will clearly trigger the effectiveness of the bill. For example: "This act

takes effect when the number of pupils enrolled statewide under the early childhood

development program, as determined by the commissioner of education, exceeds two

thousand." In addition, the drafter should include language directing a person or entity to

notify the revisor of statutes in writing when the event occurs or the condition is met, as

provided in section 39-22-3802 (2), C.R.S., above, so that the Office can clarify the effective

date of the statute in an editor's note. Drafters should refer to the canned language in

Appendix F.5.13 when drafting statutory provisions requiring a notice to the revisor of

statutes.

The drafter should be very cautious about making provisions effective on June 30 or

December 31, especially in the case of repeals. In general, when an act passes with a

specified effective date, the act will be construed to take effect at 12:01 a.m. on that date. For

example, if an act repeals a body of law on June 30, then the act may be construed to repeal

the law at 12:01 a.m. on June 30. If the act further provides that a new body of law on the

same subject is to take effect on July 1, the drafter may have inadvertently left a one-day gap

when no body of law on that subject is in effect.

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2.6.4 Applicability Clause

A variation on the effective date clause and the saving clause is the applicability clause,

which specifies that the new statutory material, although effective on the effective date of the

act, will apply to certain events or transactions. A drafter should add an applicability section

to any bill that regulates conduct or affects contracts or contractual relationships. The

following are some common applicability sections:

SECTION 1. Effective date - applicability. This act takes effect July 1, 2003,

and applies to offenses committed on or after said date.

SECTION 2. Applicability. This act applies to fiscal years beginning on or after

July 1, 2003.

SECTION 3. Effective date - applicability. This act takes effect July 1, 2003,

and applies to causes of action filed on or after said date.

SECTION 4. Effective date - applicability. This act takes effect July 1, 2003,

and applies to civil actions pending on said date and to civil actions commenced after said

date.

Drafters should be advised that use of the word "action" in applicability clauses without any

modifying language like "civil action" or "cause of action" has led to litigation as to what

types of proceedings the term applies. When drafting applicability clauses for bills relating to

civil matters, drafters are advised to use the term "civil action" rather than "action". Drafters

might want to consider the case of In re Marriage of Plank, 881 P.2d 486 (Colo. App. 1994).

Amendments to the income tax or property tax laws should usually include an applicability

clause in a numbered C.R.S. section to the effect that "This section [subsection, paragraph,

etc.], as amended, applies only with respect to taxable years beginning after December 31,

20__". The reason is that the prior statutory provision must continue to govern taxable years

prior to the specified date, and may govern filing of amended returns for such years or

determination of penalties or refunds.

Drafters also frequently applicability clauses in criminal laws and other acts concerning

contracts, contractual relationships, or court proceedings. See, e.g., section 15-17-101,

C.R.S., in the "Colorado Probate Code", and section 18-1-103, C.R.S., in the "Colorado

Criminal Code". When amending a statute that is governed by a previously enacted

applicability section with a C.R.S. number, it is important to remember to conform the

applicability section to the desired effective date. For examples of applicability clauses, refer

to Appendix K.1.6.

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2.6.5 Safety Clause

2.6.5.1 Background

Until 1997, the practice of the Office was to automatically put a "safety clause" on every bill

unless a member directed us otherwise. In 1997, the Executive Committee directed our

Office to ask each member whether or not the member wants to include a safety clause on

his or her bill. That policy has been reaffirmed by subsequent Executive Committees. Copies

of the Executive Committee memorandum and the Office's memorandum concerning the

Executive Committee's directive can be found in Appendix F.2 of this manual. A bill that

does not have a safety clause is subject to referendum. The safety clause originates in the

initiative and referendum provisions of the state constitution. Section 1 (3) of article V of the

state constitution provides as follows:

(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 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. (Emphasis added.)

When discussing the use of a safety clause with a member as directed in the Executive

Committee memorandum, the drafter should inform the member that a Colorado Supreme

Court decision indicates that bills without a safety clause cannot take effect prior to the

expiration of the ninety-day period following adjournment of the General Assembly, the

period that is allowed for filing referendum petitions against such bills. In view of the

ninety-day requirement for bills without a safety clause, the drafter should be aware of and

inform the member that there are certain bills that may need to take effect on July 1 or

before the expiration of the ninety-day period following adjournment. These bills could

include those that require an immediate change in the law or bills that relate to fiscal or tax

policy that are intended to apply to either the current fiscal year or to the entire upcoming

fiscal year. If a member directs the drafter to prepare a bill without a safety clause, the

drafter should substitute a petition clause that indicates the act is subject to petition and

explains the alternate effective date.

2.6.5.2 Points of Importance Regarding the Safety Clause

(1) An act with a safety clause cannot be referred to the people by petition. Another way of

For information on effective date and applicability clauses, see "2.6.3 Effective Date Clause" and "2.6.4

Applicability Clause" in this Chapter.

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saying this is a bill with a safety clause is not subject to the citizen's right to file a referendum

petition against all or any part of the bill.

(2) The General Assembly can refer an act or part of an act to the people by the simple

procedure of substituting a referendum clause in place of the safety clause. The bill then

becomes what is often termed a "referred bill".

(3) The procedure by which the people can refer an act or part of an act of the General

Assembly that does not include a safety clause to themselves by petition is often termed a

"recision referendum" or an "initiated referendum". The only two times acts of the General

Assembly have been referred to the people by petition of the people were in 1932 when an

increase in the tax on oleomargarine was referred and in 2019/2020 when an act concerning

the adoption of an agreement among the states to elect the president of the United States by

national popular vote was referred.

(4) Colorado court decisions have held that the legislature is vested with the exclusive power

to decide the appropriateness of using the safety clause. The question of including the safety

clause in legislation is a matter of debate in the legislative process and the body's decision

cannot be reviewed or called into question by the courts.

(5) Certain acts are not referable either by petition of the people or by an act of the General

Assembly even if they do not have a safety clause. These are appropriation acts for the

support and maintenance of the departments of state and state institutions.

(6) Acts without a safety clause which are referable to the people by petition cannot go into

effect until the expiration of the ninety-day period after adjournment of the session of the

General Assembly that passed the act. See In re Interrogatories, 66 Colo. 319, 181 P. 197

(1919).

(7) If a bill must go into effect immediately or at any other time prior to the expiration of the

ninety-day period after adjournment, the drafter must include a safety clause in the bill.

(8) The initiative and referendum provisions of the state constitution state that, "The veto

power of the governor shall not extend to measures initiated by or referred to the people."

Accordingly, bills referred to the people by the General Assembly have not, as a matter of

practice, been sent to the Governor. This is an exception to section 11 of article IV under

which the Governor has specified times within which the governor must approve or veto a

bill - ten days when the General Assembly is in session and thirty days after adjournment of

the session. However, bills that have been enacted without a safety clause are delivered to

the Governor for the governor's consideration.

(9) The drafter should consult with senior drafters whenever a situation arises that does not

appear to be covered by these guidelines.

The right to file a referendum petition is established in section 1 (3) of article V of the Colorado

constitution.

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2.6.5.3 Bills with a Safety Clause

If a bill has a safety clause, it is always the final section of the bill. The following are

examples of safety clause provisions. For more information on the use of safety clauses,

drafters should refer to Appendix F.2.

2.6.5.3.1 Safety Clause - No Effective Date Specified

If a member wants a bill to take effect as soon as possible or at an early date--before the

expiration of the ninety-day period following the adjournment of the session--and the

member accepts the fact that a safety clause is necessary, then the drafter should add a safety

clause to the bill. The bill will take effect when the Governor signs it, when it becomes law

without the Governor's signature, or when it is adopted over a veto.

The safety clause that evolved from section 1 (3) of article V of the state constitution reads as

follows:

SECTION __. Safety clause. The general assembly hereby finds, determines, and

declares that this act is necessary for the immediate preservation of the public peace, health,

or safety.

2.6.5.3.2 Safety Clause - with Specified Effective Date

If a bill is to take effect on a specified date, include an effective date clause before the safety

clause. An effective date clause specifies the predetermined date for the bill to take effect

following its passage. For example:

SECTION __. Effective date. This act takes effect ___________.

SECTION __. Safety clause. The general assembly hereby finds, determines, and

declares that this act is necessary for the immediate preservation of the public peace, health,

and safety.

2.6.5.3.3 Safety Clause - with Specified Effective Date - with Applicability

A bill may also need an applicability clause and an effective date clause. For example:

SECTION __. Effective date - applicability. This act takes effect ___________,

and applies to ___________ on or after said date.

SECTION __. Safety clause. The general assembly hereby finds, determines, and

declares that this act is necessary for the immediate preservation of the public peace, health,

or safety.

Drafters should familiarize themselves with the Office memo on Safety Clauses and

Effective Date Clauses in Appendix F.2.1 of the Drafting Manual and the additional

samples of effective-date clauses in Appendix D of the Drafting Manual.

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2.6.5.3.4 Safety Clause - with Applicability

A bill can also have a safety clause, no specified effective date clause, and an applicability

clause. For example:

SECTION __. Applicability. This act applies to __________ on or after the

effective date of this act.

SECTION __. Safety clause. The general assembly hereby finds, determines, and

declares that this act is necessary for the immediate preservation of the public peace, health,

and safety.

2.6.5.4 Bills Without a Safety Clause - Act Subject to Petition Clause

The following examples of act subject to petition clauses have been developed to address

different circumstances. If a bill does not have a safety clause and it is intended that the bill

take effect at the earliest possible date, then the drafter should add a general "petition"

clause, or "no safety clause", at the end of the bill in place of the safety clause. A drafter can

use the following examples to fit the circumstances presented by most bills. There are more

examples of act-subject-to-petition clauses in Appendix D.2 of the Drafting Manual. There

are other situations that may arise such as when different sections of a bill are to take effect

at different times. Since it is not possible here to describe every situation, the drafter should

consult with senior drafters whenever a situation arises that does not appear to be covered by

these guidelines.

2.6.5.4.1 Act Subject to Petition Clause - No Effective Date Specified

If no effective date is specified, a bill without a safety clause will take effect on the day

following the expiration of the ninety-day period following adjournment of the session.

However, the bill will not take effect on that date if a petition is actually filed. In such a case,

the bill can only take effect when approved by the people at a general election and when the

vote is declared by proclamation of the Governor as required by subsection (4) of section 1

of article V of the state constitution. The governor usually acts in late December or early

January following the election.

SECTION __. Act subject to petition - effective date. This act takes effect at

12:01 a.m. on the day following the expiration of the ninety-day period after final

adjournment of the general assembly (projected effective date inserted by the macro); except

that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state

constitution against this act or an item, section, or part of this act within such period, then

the act, item, section, or part will not take effect unless approved by the people at the general

election to be held in November, (year inserted by macro), and, in such case, will take effect

on the date of the official declaration of the vote thereon by the governor.

2.6.5.4.2 Use Care When Selecting an Act Subject to Petition Clause to

Avoid a Problem with the Effective Date

When selecting any ac -subject to petition clause, the drafter needs to think very carefully

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about whether using the petition clause will work for the bill. Specifically, the drafter and the

editors and revisors working on the bill prior to introduction need to thoughtfully consider

whether anything in the bill needs to take effect before the applicable 90-day period for

proponents to file a referendum petition would elapse, and would therefore not take effect if

the bill had a petition clause. For example, a sunset bill might extend the scheduled repeal

date of an article in the C.R.S. from July 1, 2016, to September 1, 2026. If the drafter were to

use a petition clause, then the article in the bill would actually repeal on July 1, 2016,

pursuant to the statute before the 90-day period would run on August 10, 2016. In this

instance, the petition clause will not work if the provision of law will repeal before the

change to that provision even takes effect and the bill would have a significant flaw.

Therefore, drafters and editors must use caution and think carefully before selecting an act

subject to petition clause. When reviewing amendments to introduced bills, drafters and the

OLLS Publications Team should also be aware of potential issues with the effective date of

the contents of the bill and the effective date stated in the petition clause that might result

from the substitution of a petition clause for a safety clause. Check the entire bill for repeals

occurring prior to the 90-day period for turning in a petition and check for any provision in

the bill taking effect after the 90- day period but before the governor would declare the vote

by proclamation in the year that the referendum would appear on the ballot if a petition

were filed. If the drafter finds this occurring in a bill, the bill should have a safety clause.

Examples of act subject to petition clauses appear in Appendix D.2.

2.6.5.4.3 Act Subject to Petition Clause - No Effective Date - with

Applicability

If the bill does not have a safety clause and the bill requires the use of an applicability

provision, the drafter may include an applicability provision with the appropriate effective

date clause. For example:

SECTION __. Act subject to petition - effective date - applicability. (1) This

act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period

after final adjournment of the general assembly (projected effective date inserted by the

macro); except that, if a referendum petition is filed pursuant to section 1 (3) of article V

of the state constitution against this act or an item, section, or part of this act within such

period, then the act, item, section, or part will not take effect unless approved by the people

at the general election to be held in November,(year inserted by macro), and, in such case,

will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to __________ on or after the applicable effective date of this

act.

2.6.5.4.4 Act Subject to Petition Clause - with Effective Date Specified

If a bill does not have a safety clause and it is intended that the bill take effect on a specified

fixed date subsequent to the expiration of the ninety-day period following adjournment, then

the the drafter should use the following clause to assure that no ambiguity is created if a

petition is actually filed against the bill. The clause indicates that if a petition is filed, the

measure will take effect on the specified date or the date of the proclamation, whichever is

later. For example:

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SECTION __. Act subject to petition - effective date. This act takes effect

__________ (insert a fixed date);except that, if a referendum petition is filed pursuant to

section 1 (3) of article V of the state constitution against this act or an item, section, or part

of this act within the ninety-day period after final adjournment of the general assembly, then

the act, item, section, or part will not take effect unless approved by the people at the general

election to be held in November, (year inserted by macro), and, in such case, will take effect

on __________ (insert a fixed date), or on the date of the official declaration of the vote

thereon by the governor, whichever is later.

If a referendum petition is filed within the ninety-day period, the bill would be submitted to

the people at the next general election. General elections are held in November of

even-numbered years. Bills approved at such an election take effect from and after the date

of the governor's proclamation of the vote as required by subsection (4) of section 1 of article

V of the state constitution. The proclamation is issued in late December of the election year

or early January of the following year.

If the specified effective date is before the date of the next general election and the date of

the Governor's proclamation of the vote and a petition is filed, the bill will not take effect on

the specified date. Instead, if it is approved by the voters, it will take effect on the date that

the Governor proclaims the vote.

If the specified effective date is after the next general election and the date of the

Governor's proclamation of the vote and a petition is filed, the bill will take effect on the

specified date if it is approved by the voters and the vote is proclaimed prior to the specified

date.

2.6.5.4.5 Act Subject to Petition Clause - with Effective Date - with

Applicability

A bill may also need an effective date clause and applicability clause. For example:

SECTION __. Act subject to petition - effective date - applicability. (1) This

act takes effect __________ (insert a fixed date); except that, if a referendum petition is

filed pursuant to section 1 (3) of article V of the state constitution against this act or an item,

section, or part of this act within the ninety-day period after final adjournment of the general

assembly, then the act, item, section, or part will not take effect unless approved by the

people at the general election to be held in November, (year inserted by macro), and, in such

case, will take effect on __________ (insert a fixed date), or on the date of the official

declaration of the vote thereon by the governor, whichever is later.

(2) This act applies to __________ (insert actions - e.g., "offenses committed") on

or after the applicable effective date of this act.

2.6.6 Referendum Clause

2.6.6.1 Non-TABOR Referendum

Under section 1 (3) of article V of the state constitution, as previously discussed, the General

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Assembly may refer an act or part of an act to the people for their approval or rejection if the

General Assembly so desires. If so referred, the measure is voted upon at the next biennial

regular general election. If a sponsor wishes to refer a bill to the people, the drafter should

insert, in lieu of the safety clause, a referendum clause as follows:

2.6.6.1.1 Referendum Clause - No Effective Date - No Applicability

SECTION _. Refer to people under referendum. At the election held on

November (insert date & year), the secretary of state shall submit this act by its ballot title

to the registered electors of the state for their approval or rejection. Each elector voting at

the election may cast a vote either "Yes/For" or "No/Against" on the following ballot title:

"Shall [insert language here]?" Except as otherwise provided in section 1-40-123, Colorado

Revised Statutes, if a majority of the electors voting on the ballot title vote "Yes/For", then

the act will become part of the Colorado Revised Statutes.

To determine the appropriate date to insert into the clause, the drafter should apply the rule

in section 1-4-201, C.R.S., which requires a general election to be held "on the first Tuesday

succeeding the first Monday of November in every even-numbered year."

Also, when drafting the title to be inserted in the referendum clause, a drafter should be

mindful of the requirement in section 1-40-106 (3)(d), C.R.S., which establishes rules for

properly referring to a proposition or an amendment.

2.6.6.1.2 Referendum Clause - with Effective Date - with Applicability

Because a bill cannot become effective until it is approved at the next general election, a

drafter should not specify an effective date or applicability date earlier than the date that the

Governor is likely to proclaim the results following the election (usually by late December or

early January following the November election).

SECTION __. Effective date - applicability. This act takes effect __________

and applies to __________ on or after said date.

SECTION __. Refer to people under referendum. At the election held on

November (insert date & year), the secretary of state shall submit this act by its ballot title

to the registered electors of the state for their approval or rejection. Each elector voting at

the election may cast a vote either "Yes/For" or "No/Against" on the following ballot title:

"Shall (insert language here)?" Except as otherwise provided in section 1-40-123, Colorado

Revised Statutes, if a majority of the electors voting on the ballot title vote "Yes/For", then

the act will become part of the Colorado Revised Statutes.

2.6.6.2 TABOR Referendum Clause

The drafter should use the same base referendum clause if the bill involves matters arising

under section 20 of article X of the state constitution (TABOR). But there are two important

differences. First, the clause may be referred to the voters at the general election or an

odd-numbered year election. If it is an odd-numbered year, under section 20 (3)(a), these

elections take place "on the first Tuesday in November . . ." Second, in some situations

TABOR may require the ballot title to begin with certain language such as "Shall state taxes

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be increased . . ." A drafter should consult section 9.5 and Appendix A.11 of this manual for

more information about this language.

2.6.6.2.1 Referendum Clause - No Effective Date - No Applicability

SECTION __. Refer to people under referendum. At the election held on

November 3, 2015, the secretary of state shall submit this act by its ballot title to the

registered electors of the state for their approval or rejection. Each elector voting at the

election may cast a vote either "Yes/For" or "No/Against" on the following ballot title:

"Shall state taxes be increased $192,260,000 annually by a change to the Colorado Revised

Statutes raising the state sales and use tax rate by 0.1%?" Except as otherwise provided in

section 1-40-123, Colorado Revised Statutes, if a majority of the electors voting on the

ballot title vote "Yes/For", then the act will become part of the Colorado Revised Statutes.

2.6.7 Penalty Clauses and How to Draft Criminal Laws

2.6.7.1 Components to Include When Creating a New Crime

When drafting a criminal law, the drafter needs to define the elements of the crime, establish

the penalty for the crime, address any affirmative defenses, exceptions, and immunity

provisions, if applicable, and define any necessary terms. For examples of the components to

include when creating a new crime, see page Appendix F.5.8.

2.6.7.1.1 Elements of the Crime and Culpable Mental State

When drafting a criminal law, the drafter needs to describe the prohibited conduct as a clear

series of elements that a prosecutor must prove in order to convict a defendant. The elements

take one of three forms - conduct, result, or attendant circumstance. The elements of the

offense must describe the conduct necessary to commit the crime, either an act or an

omission. The elements may also include a result, like bodily injury. Finally, an element can

include a fact that the criminal offense requires, like using a deadly weapon during the

offense.

The crime also needs to specify the mental state. Both statute and case law make it clear that

even if a mental state is not stated in the offense, one may still be required to commit the

offense. A court may then imply a mental state in that case. See section 18-1-503, C.R.S.,

and People v. Moore, 674 P.2d 354 (Colo. 1984). Usually a court will imply a reckless intent

when no mental state is specified. So, it is best to include a mental state rather than leaving it

up to judicial interpretation. In Colorado, mental state refers to a person acting intentionally

or with intent; knowingly or willfully; recklessly; or with criminal negligence. See Section

18-1-501 (4), C.R.S. Use only these defined mental states. These terms are defined in section

18-1-501, C.R.S., as follows (Note that the statutory definitions have not been modified for

gender neutrality):

! "Intentionally" or "with intent". All offenses defined in this code in which the

mental culpability requirement is expressed as "intentionally" or "with intent"

are declared to be specific intent offenses. A person acts "intentionally" or

"with intent" when his conscious objective is to cause the specific result

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proscribed by the statute defining the offense. It is immaterial to the issue of

specific intent whether or not the result actually occurred.

! "Knowingly" or "willfully". All offenses defined in this code in which the

mental culpability requirement is expressed as "knowingly" or "willfully" are

declared to be general intent crimes. A person acts "knowingly" or "willfully"

with respect to conduct or to a circumstance described by a statute defining an

offense when he is aware that his conduct is of such nature or that such

circumstance exists. A person acts "knowingly" or "willfully", with respect to a

result of his conduct, when he is aware that his conduct is practically certain

to cause the result.

! "Recklessly". A person acts recklessly when he consciously disregards a

substantial and unjustifiable risk that a result will occur or that a circumstance

exists.

! "Criminal negligence". A person acts with criminal negligence when, through

a gross deviation from the standard of care that a reasonable person would

exercise, he fails to perceive a substantial and unjustifiable risk that a result

will occur or that a circumstance exists.

The one exception to using a mental state is when the member intends for the crime to be a

strict liability crime. In that case, a mental state is not necessary to commit the crime. To

ensure that the member's intent to create a strict liability crime is respected and a mental

state is not implied, the crime needs to specifically state that it is a strict liability crime.

When drafting only refer to one mental state. The mental states differ in levels of culpability;

the lowest level is criminal negligence, next is recklessness, then there is knowingly, and

finally intentional is the highest level of culpability. So if the member wants the mental state

to be recklessly, the drafter may think he or she needs to include recklessly, knowingly, and

intentionally, but the drafter only needs to include the lowest mental state. When a crimes

calls for a lower level of mental state, the mental state can be satisfied by a higher mental

state. That means if the crime only requires criminal negligence and the person acted

recklessly, knowingly, or intentionally, the criminal negligence is still satisfied. So, if the

member wants the mental state to be recklessness, the drafter need not also include

knowingly and intentional since both are higher mental states.

2.6.7.1.2 Penalties of the Crime

The drafter needs to specify the level of offense for the crime, such as class 1-6 felony, level

1-4 drug felony, class 1-3 misdemeanor, level 1&2 drug misdemeanor, or petty offense). In

addition, the drafter should include any penalty enhancement and aggravating factors. See

section 18-1.3-401, C.R.S., for felony penalties; section 18-1.3-401.5 C.R.S., for drug

felonies, section 18-1.3-501, C.R.S., for misdemeanor and drug misdemeanor penalties,

section 18-1.3-503 C.R.S., for petty offense penalties.

Examples:

(1) Murder in the first degree is a class 1 felony.

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(2) (a) Murder in the second degree is a class 2 felony.

(b) Notwithstanding subsection (3)(a) of this section, murder in the second degree

is a class 3 felony if the act causing the death was performed upon a sudden heat of

passion...".

Ordinarily, the drafter should specify a class of felony, misdemeanor, or petty offense for

every crime added to the statutes consistent with the classification schemes established in

part 4 of article 1.3 of title 18, C.R.S. This is especially true for felonies. If a class is not

specified, there is the possibility that provisions that are based on the specific classes will not

apply to the crime. (See, for example, sections 17-22.5-403, 18-1.3-504, and 18-1.3-506,

C.R.S.)

Section 18-1.3-401, C.R.S., sets forth the classification of felonies and establishes a

minimum and a maximum penalty, upon conviction. Section 18-1.3-501, C.R.S., sets forth

the classification of misdemeanors and section 18-1.3-503, C.R.S., sets forth the

classification of petty offenses.

The drafter should use the word "commits" when referring to a specifically defined crime, in

title 18, C.R.S., the "Colorado Criminal Code". For example:

... commits second degree official misconduct ...

The drafter should use specific statutory section references when working with a penalty

clause outside title 18. For example, in the case of a specifically defined crime:

... commits second degree official misconduct, as defined in section 18-8-405.

Previously, it was common to use the verb "commits" when referring to the penalty, for

example, "commits a class 2 misdemeanor". Now the preferred practice when referring to

the penalty is "Murder in the first degree is a class 1 felony.". But, there may be

circumstances when the structure of the crime makes using the verb "commits" preferable or

the sponsor may prefer to use the verb "commits".

When making reference to a crime for which the penalty is detailed within the section or

when "misdemeanor" or "felony" is used without reference to the class of misdemeanor or

felony as established by the "Colorado Criminal Code", the words "is guilty of" are

preferred. For example:

... is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of

not more than five hundred dollars, or by imprisonment in the county jail for not more than

six months, or by both such fine and imprisonment.

... is guilty of murder and, upon conviction thereof, shall be punished by imprisonment in

the state penitentiary for not less than one year nor more than fifteen years.

... is guilty of a misdemeanor.

The penalty for a class 1 petty offense is set forth in section 18-1.3-503, C.R.S., following the

words "upon conviction". Therefore, when adding a class 1 petty offense to the statutes, it is

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not necessary to include the words "upon conviction". As is the case with misdemeanors and

felonies, if the penalty is set out in the "Colorado Criminal Code", the drafter should use the

following language:

... is a class 1 petty offense.

If the penalty is in a statute outside the "Colorado Criminal Code", the drafter should use the

following language:

... is a class 1 petty offense and shall be punished as provided in section 18-1.3-503.

When setting out the penalty language for a class 2 petty offense, the drafter must include

the words "upon conviction" in the section setting forth the penalty since section 18-1.3-503,

C.R.S., provides that the penalty for such convictions be specified in the section defining the

offense.

Since the actual penalty imposed is determined by the court, the penalty language must state

"and shall be punished" rather than "is punished", as illustrated in these examples.

When establishing a penalty for a new crime, the drafter needs to consider whether there are

existing criminal statutes that punish the same conduct as in the new crime. It is a violation

of equal protection for two criminal laws that punish the same conduct to have different

levels of punishment.

2.6.7.1.3 Affirmative Defenses, Exceptions, and Immunity Provisions

The drafter needs to specify any affirmative defenses for or exceptions to the crime.

Drafting an affirmative defense or exception is similar to drafting the elements of an offense;

the drafter should specify the conduct or attendant circumstances that give rise to the defense

or exception. An affirmative defense or exception should be drafted separate from the

elements of the crime in its own subsection.

The key distinction between an affirmative defense and an exception is the impact on the

defendant. An affirmative defense is an element or series of elements that the defendant

must prove at trial to secure an acquittal. In contrast, an exception requires that the

prosecutor or court dismiss the charges before a trial when the elements are met. An

exception is more beneficial to a defendant since there is no trial.

Examples:

(3) It is an affirmative defense that the offender reasonably believed that his or her

conduct was necessary to ________...

(4) It is an exception to the offense of _______ if the offender _______.

The drafter needs to identify any exceptions or immunity to the criminal act.

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Examples:

(5) This section does not apply to a medical caregiver with prescriptive authority

or authority to administer medication who prescribes or administers medication for

palliative care to a terminally ill patient....

(6) An occupant of a dwelling using physical force, including deadly physical force,

... is immune from criminal prosecution for the use of such force.

2.6.7.1.4 Crime-specific Definitions

The drafter needs to define any terms that are not initially defined in the definitions section

for the part, article, and title.

2.6.8 Declaration of Special Factors

Despite the prohibition on special legislation found in section 25 of article V of the state

constitution, bills may be drafted to govern special situations or geographical areas when

conditions prevent a general law being made applicable. Examples are the regional

transportation district law, article 9 of title 32, C.R.S., the three lakes water and sanitation

district law, article 10 of title 32, C.R.S., and S.B. 77-549, which would have provided a

special procedure for creating a regional service authority in the Denver metropolitan area.

A drafter may model language justifying this type of bill on the language used in the regional

transportation district statute:

32-9-102. Legislative declaration. (1) The general assembly determines, finds,

and declares:

****

(b) That a general law cannot be made applicable to the district and to the

properties, powers, duties, functions, privileges, immunities, rights, liabilities, and

disabilities of such district as provided in this article 9 because of a number of atypical

factors and special conditions concerning same.

2.6.9 Accountability Clause

In 2006, section 2-2-1201, C.R.S., was enacted and this section provides for the

post-enactment review by the legislative service agencies of the implementation of certain

bills. The legislative service agencies are required to conduct a post-enactment review for

any enacted bill that includes both an accountability clause and a legislative declaration

setting forth the desired results or benefits to be achieved by the bill, as intended by the

General Assembly.

An accountability clause is defined as "a noncodified provision of a bill that directs

legislative staff agencies to conduct a review of the implementation of the bill either two or

five years, as specified in the provision, after the enactment of the bill." Depending on the

time within which the legislative service agencies are to complete a post-enactment review,

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an accountability clause should take the following form with the appropriate time period

selected:

SECTION __. Accountability. Two/Five (select one) years after this act becomes

law and in accordance with section 2-2-1201, Colorado Revised Statutes, the legislative

service agencies of the Colorado general assembly shall conduct a post-enactment review

of the implementation of this act utilizing the information contained in the legislative

declaration set forth in section 1 of this act.

An accountability clause should be placed toward the end of a bill, after any section of the

bill with an appropriations clause but prior to any section of the bill WITH other noncodified

clauses such as an effective date clause, a safety clause, or a referendum clause. Based upon

the estimated cost of conducting a post-enactment review as reflected in the bill's fiscal note,

a "future appropriation" clause should also be added following any section of the bill with an

appropriations clause but prior to the accountability clause section.

The title of any bill that has an accountability clause and the related legislative declaration

should indicate that the bill requires a post-enactment review. The drafter should add the

following trailer at the end of the title: "..., AND, IN CONNECTION THEREWITH, REQUIRING A

POST-ENACTMENT REVIEW OF THE IMPLEMENTATION OF THIS ACT." Similarly, any

amendment that adds an accountability clause and the related legislative declaration should

also amend the title of the bill to include this trailer in the title indicating the addition of a

post-enactment review requirement.

The drafter should include an accountability clause and the related legislative declaration in

a bill only when requested by a member. When discussing the use of an accountability

clause with a member, the drafter should ask whether the post-enactment review is to be

conducted two or five years after the bill’s enactment. The drafter should also inform the

member that, in addition to an accountability clause, a legislative declaration must be

included in the bill to trigger a post-enactment review. The legislative declaration, which

may be codified or noncodified, should specify the desired results and benefits of the bill, as

intended by the General Assembly, as this information is to be used by the legislative service

agencies to conduct the post-enactment review. Lastly, a drafter should inform the member

that requiring a post-enactment review may result in a fiscal note for and a future

appropriation clause added to the bill as the resources required for the legislative service

agencies to conduct the post-enactment review will need to be reflected in each bill that

requires a post-enactment review.

2.6.10 Drafting a "Notice to the Revisor of Statutes" Provision in a Bill

Drafters are often called upon to make a statutory provision in a bill take effect (or to prompt

its repeal) sometime in the future following the occurrence of a triggering event. Generally,

at the time of publication of the legislation, the Office does not know whether the triggering

event has occurred resulting in uncertainty about what law is to be published. Therefore,

drafters frequently include a "notice to the revisor of statutes" provision requiring an

individual to notify the revisor of statutes when the triggering event has taken place.

When drafting this type of provision, it is important that the drafter follow these guidelines:

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1) Clearly identify an individual by title (not a branch of state government or other

entity) who is responsible for notifying the revisor of statutes.

2) Specify that the notice must be in writing.

3) Clearly state what event or condition precedent must occur to trigger the

effectiveness (or repeal) of the law.

4) Identify with specificity what should result upon the occurrence of the triggering

event or condition precedent. For example, does the section take effect once that event

transpires? Or should the section be repealed at that time?

5) Place the notice requirement in statutory language so that the legislation establishes

a legal duty that the individual must send the notice. Do not put the notice in an effective

date or "act subject to petition" clause at the end of the bill.

6) When drafting a notice-to-the-revisor-of-statutes provision, use the recommended

language below, including the specific e-mail address, that the individual must use to notify

the revisor of statutes. The recommended notice-to-the-revisor-of-statutes provision has been

added to the canned language under the "clause options" button in WordPerfect. If the

drafter believes that he or she needs to deviate from the standard language, he or she should

consult with the revisor of statutes.

Example:

This [identify the provision of law such as section/subsection/paragraph] [takes

effect/repeals] when [identify the triggering event, such as "the federal department of health

and human services issues the waiver requested pursuant to this section"]. The [name a

person by title (not a department) who will have the duty to send the notice such as

"executive director of the department"] shall notify the revisor of statutes in writing when

the condition specified in this [section/subsection/paragraph] has occurred by e-mailing

the notice to revisorofstatutes.ga@state.co.us. This [provision of law] [takes

effect/repeals] upon the date identified in the notice that the [triggering event] occurred

or upon the date of the notice to the revisor of statutes if the notice does not specify a

different date.

Drafters should use the Clause Options macro and select the Canned Language button when

including a notice to the revisor of statutes in a bill. The canned language is also found in

appendix F.5.13.

2.7 LEGISLATIVE DECLARATIONS AND LEGISLATIVE INTENT

STATEMENTS

Many times legislators or lobbyists request the inclusion of a legislative declaration or

legislative intent statement in a bill. Because the statements may be used by the courts to

interpret the statute or may include representations that could generate litigation, the drafter

should exercise care in writing these statements. For an outline on Statutory Legislative

Declaration and Intent Statements: the Colorado Perspective, see Appendix F.3.

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2.7.1 The Difference Between a Legislative Declaration Statement and

a Legislative Intent Statement

It is important that a drafter understand the distinction between a legislative declaration

statement and a legislative intent statement. A legislative declaration statement is an explicit or

formal statement or announcement about the legislation. It may provide such things as

information or value statements about the subject addressed in the bill, findings made by the

General Assembly, the history of a particular issue, or the manner for accomplishing a

desired result. Often a legislative declaration statement indicates the problems the General

Assembly is trying to address and includes a statement that the General Assembly is

enacting this legislation to fix these problems. A legislative intent statement indicates the

intended purpose or aim of the legislation or it may indicate the state of mind of the

legislature at the time it is enacting the measure. It usually includes a statement of the

desired result. In some instances, it may include a statement of what is not the intended

result. Many statements are a combination of information and intent.

2.7.2 Purpose of the Statement

A drafter should evaluate the purpose for inclusion of a legislative declaration statement or a

legislative intent statement. Is the statement included for the purpose of making people feel

good, such as a statement akin to "motherhood and apple pie"? Is the statement desired for

no real purpose other than to garner support for the bill? Is the statement included for the

purpose of establishing the desired result when the result may not be apparent from the act

itself? Is it a persuasive or factual statement included for the purpose of justifying the

enactment of the bill and promoting its passage? If the answers to these questions are yes, the

drafter should consider suggesting to the sponsor that these kinds of statements might be

more appropriate in a fact sheet or information sheet prepared for the committee of reference

instead of being included in the bill. While the sponsor has the ultimate decision about the

inclusion of these kinds of statements in a bill, the drafter can attempt to discourage them

and at least be careful about the accuracy of the statements or representations made in these

kinds of statements. In addition, such statements could be included as nonstatutory material

that would only appear in the Session Laws rather than in the Colorado Revised Statutes.

On the other hand, there are some legitimate reasons for including legislative declaration

statements or legislative intent statements in legislation. For example, a legislative

declaration can be used for the purpose of establishing an historical perspective to justify the

enactment of the bill. See SB 00-181 in Session Laws of Colorado 2000, p. 492. Like

persuasive or factual statements, historical statements must be accurate. Legislative

declaration statements may be used in anticipation of a challenge to the legislation in a court

case and may be included for the purpose of establishing a justification for the bill that will

stand up in court. See section 8-2-120, C.R.S., regarding residency requirements, or section

24-46.5-101, C.R.S., regarding whether business incentives for United Airlines were special

legislation. The drafter may include statements to show the connection between a special

session call item and the proposed bill. An example is HB 91S2-1027 pertaining to the

funding of education and medicaid and changes in the tax procedures. Another legitimate

purpose of legislative intent statements is where the General Assembly provides a statement

about the intent of the General Assembly to the public, the administrators of the law, and to

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the court. For examples, see section 13-21-119, C.R.S., regarding the exemption from

liability for equine or llama activities and section 13-80-103.7, C.R.S., regarding the

extension of the statute of limitations. Sometimes the General Assembly includes a

statement about what the General Assembly did not intend. See section 14-10-103 (3),

C.R.S., regarding the change of the term "visitation" to "parenting time". Statements have

also been included in bills that were enacted in response to court cases. See sections

26-1-126.5 and 2-4-215, C.R.S.

2.7.3 Role of Legislative Declaration and Legislative Intent Statements

As a general rule, legislative declaration and legislative intent statements are only helpful to

the courts if there are questions regarding the statute. Under rules of statutory construction

and section 2-4-203, C.R.S., the courts only look to the legislative declaration or purpose if a

statute is ambiguous.

Statements may be used to construe the scope and effect of a statute. "In construing the

scope and effect of a statute, [the court must] seek out the intent of the legislature in voting

its passage. Perhaps the best guide to intent is declaration of policy which frequently forms

the initial part of an enactment".See St. Luke's Hosp. v. Industrial Comm'n, 142 Colo. 28, 32,

349 P.2d 995, 997 (1960).

The general rule is that a legislative intent statement does not confer power or determine

rights. However, there have been cases where courts have construed legislative declaration

or legislative intent statements as creating rights or entitlements to programs. Litigation has

also been based upon value statements, goals, or promises set forth in legislative

declarations. Drafters should be very cautious about including statements that could be

viewed as creating a substantive right or a promise that the state will do something.

2.7.4 Guidelines for Drafting Legislative Declaration or Legislative

Intent Statements

(1) A legislative declaration or legislative intent statement should serve a legitimate purpose.

Statements that serve other purposes should be avoided. Encourage members to make the

arguments for their bills in a position or information statement instead of in the bill. If that

can't be avoided, at least include the statement only as nonstatutory material.

(2) A statement should not be characterized as "legislative intent" when it really is a

"legislative declaration" and vice versa. Consider the use of the term "legislative findings".

(3) A legislative declaration or legislative intent statement should accurately reflect the

content of the bill and remain accurate as the bill is amended in the legislative process.

(4) There should be a connection between the desired result and the reasons stated in the

statement. Decide what the purpose of the statement is to be and then make the words

accomplish the purpose.

(5) Facts or statements in a legislative declaration or legislative intent statement should be

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verified for accuracy. Statistics should be avoided.

(6) A legislative declaration or legislative intent statement should not create any kind of right

or prohibit any action and should not otherwise create substantive law. The drafter should

evaluate whether the statement is promising something on behalf of the state that could be

used as a basis for a lawsuit against the state for failing to meet that promise.

(7) A legislative intent statement should not be ambiguous. If it is, the statement may be

used for an unintended purpose.

(8) A legislative intent statement should not be a substitute for precise and accurate

legislative bill drafting. If a bill is properly drafted, the intent is self-evident.

(9) As a general principle, a legislative declaration or a legislative statement should not be

written unless there is a legitimate reason for its inclusion.

2.7.5 Format of a legislative declaration or legislative intent

statement.

Use semicolons at the end of paragraphs in legislative declarations or legislative intent

statements, unless the paragraph contains more than one sentence in which case, use a

period.

2.8 DRAFTING A COMPACT - COMPACTS VERSUS MODEL LAWS

Drafters are often given a draft bill that purports to be a compact. In perhaps a majority of

instances, it is not a compact; it is a model law that the proponents wish to invest with the

dignity of a compact. But they are very different things that need to be treated differently.

Usually, a fully executed compact is, simultaneously, three things:

1) A contract between at least two states, typically negotiated by designees of the

governor or other official representative of the states, not a private organization. If a

compact is violated, the various states' exclusive litigation remedy is to sue each other

directly in the United States Supreme Court. Individuals typically have no standing

to enforce a compact.

2) State law enacted by the contracting states' legislatures. Because a compact is a

contract, and a contract cannot be unilaterally modified by any of the contracting

parties, if a bill is actually a compact, it needs to be enacted wihtout any changes -

none. Look at, e.g., most of the parts in article 60 of title 24 - typically there's a

C.R.S. section that states a short title and another C.R.S. section that reproduces the

compact as is - without any changes. There should be either a direction to the

governor or a designee of the governor to enter into the compact or a portion of the

compact that includes the signatures or other acknowledgment of execution by the

other compacting states.

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3) Federal law. A compact that increases the power of states at the expense of the

federal government cannot take effect under the federal constitution unless Congress

approves it; this element is not required if the compact does not so increase the states'

power.

The applicable portion of the US constitution, Article I, Section 10, states:

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or

Ships of War in time of Peace, enter into any Agreement or Compact with another State, or

with a foreign Power, or engage in War, unless actually invaded, or in such imminent

Danger as will not admit of delay.

In contrast, many of the things given to drafters that purport to be compacts are really simply

model laws. There has been no contract between the states, nor any plan to enter into one;

instead of a compact, the proponents are organizations or individuals that would benefit

from having similar laws in various states, not the states themselves. The laws are

enforceable by parties other than the enacting states. The laws are enacted only in more or

less similar form. There has been no approval by Congress nor any plan to get it.

This information from Wikipedia contains a good summary of an interstate compact:

In the United States of America, an interstate compact is an agreement between two or more

states. Article I, Section 10 of the United States Constitution provides that "No State shall,

without the Consent of Congress... enter into any Agreement or Compact with another

State." Consent can be obtained in one of three ways. First, there can be a model compact

and Congress can grant automatic approval for any state wishing to join it, such as the

Driver License Compact. Second, states can submit a compact to Congress prior to entering

into the compact. Third, states can agree to a compact then submit it to Congress for

approval, which, if it does so, causes it to come into effect. Not all compacts between states

require explicit Congressional approval - the Supreme Court ruled in Virginia v. Tennessee

that only those agreements which would increase the power of states at the expense of the

federal government required it.

Frequently, these agreements create a new governmental agency which is responsible for

administering or improving some shared resource such as a seaport or public transportation

infrastructure. In some cases, a compact serves simply as a coordination mechanism between

independent authorities in the member states.

Such compacts are distinct from Uniform Acts, which are model statutes produced by

non-governmental bodies of legal experts to be passed by state legislatures independently.

It is incumbent on the drafter to determine, precisely, whether a draft provided to the drafter

is a compact before trying to codify it. If it's truly intended to be a compact, even if the other

two elements--contract and congressional approval--are not yet in place, it should generally

be codified as a part in article 60 of title 24 and should not be altered in any way, including

by amendment, which you the drafter should clarify in no uncertain terms with both the

sponsor and any legislator who tries to amend it. If it really is simply a model law, the

drafter should explain that fact to the sponsor and not codify it as a part in article 60 of title

24 Legislation that creates a model law may be altered or amended however the sponsor or

the General Assembly wishes, and should not be referred to as a compact.

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CHAPTER 3: AMENDMENTS TO BILLS

3.1 INTRODUCTION

Amendments to bills are of two types:

(1) Committee amendments - amendments proposed by members of the committee of

reference to which a bill is referred. These amendments, if adopted by the committee, are

combined into a final committee report, which is offered for consideration by the committee

of the whole on second reading.

(2) Floor amendments - amendments proposed by individual members as a bill is being

considered on the floor, either on second reading in the committee of the whole or on third

reading. A second reading floor amendment may amend either the committee report or the

bill.

Amendments may be prepared by the members themselves or, in the case of floor

amendments, by the amendment clerk, without assistance from the designated bill drafter;

however, in most cases, members request the drafter to prepare proposed amendments

ahead of time. The principles and techniques set out in this manual for drafting bills apply

equally to the preparation of amendments. Particular note should be taken of the provisions

concerning gender-neutral drafting and the use of the "user-friendly" format in which certain

provisions that are not being amended, for example subparagraphs in a series, are included

to aid comprehension.

The same degree of care must be used in preparing amendments as in drafting bills. Many

defects in enacted legislation are the result of amendments that were carelessly prepared or

too hurriedly drafted or that did not fit logically into the bill. An amendment to a bill should

be consistent with the entire bill being amended and with any affected existing law.

Depending on how extensive an amendment is, other portions of the bill may also have to

be changed or additional "conforming" changes to existing law may have to be added to the

bill.

Care should also be taken to avoid introducing errors when an amendment requires

renumbering of provisions in a bill. For example, if an amendment adds a new section to a

bill, the drafter should be sure to change any reference to specific bill sections in an effective

date or applicability clause to correspond to the inclusion of the new section. If an

amendment renumbers a C.R.S. section, the drafter must check the remainder of the bill to

correct any cross-references to the renumbered provision.

The drafter is responsible for checking amendments to the bill by reviewing the preamended

bill as it goes through the process. Since some of the amendments adopted may be prepared

by persons who are not as familiar with the bill, it is important that the drafter check all

amendments very carefully by rereading the entire bill. The drafter should check for errors in

form and internal references and for conflicts or inconsistencies between sections. The

drafter should also be alert to issues relating to title questions or other legal problems caused

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by amendments. See section 3.5 of this chapter.

While most of the information in this chapter is directed toward amending bills, it will

generally apply to amending resolutions and memorials as well.

Examples of committee and floor amendments prepared by the Office of Legislative Legal

Services can be found at the end of this chapter. Further examples can be found in Appendix

C of this manual.

3.2 AMENDING THE CORRECT DOCUMENT

Amendments are made to the current version of a bill, that is, the printed bill as introduced;

the engrossed bill prepared after second reading in the first house; the reengrossed bill

prepared after third reading in the first house; the revised bill prepared after second reading

in the second house; or the rerevised bill prepared after third reading in the second house, or

to a pending amendment or committee report. When an amendment is made to a pending

committee report, either by a previous committee, if the bill is assigned to more than one

committee, or on the floor, the amendment is made to the original committee report, as it

was separately printed and distributed, rather than to the version printed in the house or

senate journal. In the house, the original committee report is printed on green paper and

often referred to as the "green sheet". In the senate, the original committee report is printed

on purple paper and often referred to as the "purple sheet".

To determine which version of a bill is to be amended or whether the committee report

should be amended, the drafter must first determine "where the bill is" in the legislative

process. The Colorado Legislative Information and Communications System (CLICS)

should be used to ascertain the current status of the bill.

To prepare a committee amendment or second reading amendment for a bill that is in the

house of origin, amend the printed bill and any applicable prior committee amendments.

For a third reading amendment in the house of origin, amend the engrossed bill.

To prepare a committee amendment or second reading amendment in the second house,

amend the reengrossed bill and any prior committee amendments in that house. For a third

reading amendment in the second house, amend the revised bill.

Note: It is rare that a drafter is requested to prepare a third reading amendment in either

house; third reading amendments are generally disfavored and usually limited to technical,

as opposed to substantive, changes to the bill as adopted on second reading. If a bill reaches

third reading without having been amended in committee or on second reading, the bill as

introduced in that house will be the only paper version available. In the first house, that will

be the "printed bill"; in the second house it will be the "reengrossed bill". However, a third

reading amendment should still refer to the "engrossed" or "revised" bill, as appropriate, to

reflect the fact that the bill has gone through second reading.

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3.3 GUIDELINES FOR DRAFTING AMENDMENTS

3.3.1 General Guidelines

The drafter should remember the following points in the preparation of amendments to bills.

(1) When amending any version of a bill, a committee report, or another amendment,

identify the document being amended in the first amendment instruction and refer to the

page and line number where changes are made or inserted. It is not necessary to refer to the

section number of the bill. Repeat the page number for each subsequent amendment

instruction, and end each amendment instruction with a period. For example:

Amend printed bill, page 2, line 1, strike "AFTER" and substitute "BEFORE".

Page 2, line 3, strike "AFTER" and substitute "BEFORE".

Page 3, line 2, strike "AFTER" and substitute "BEFORE".

Amendment instructions that strike multiple consecutive lines or strike an entire page do

not follow this "Page X, line X, strike ... "format. For example:

Amend printed bill, page 2, line 1, strike "AFTER" and substitute "BEFORE".

Page 4, strike lines 15 through 27.

Strike page 5.

(2) For the amendment instructions, the drafter may strike words or phrases, strike words or

phrases and substitute other words or phrases, insert words or phrases, or add words or

phrases.

To remove new language from the bill, the drafter should specify the word or words to be

removed:

Page 11, line 22, strike "HOSPITAL".

To indicate that the existing statute will be changed, the words need to be shown stricken,

then followed by the new terms in small caps:

Page 11, line 24, strike "hospitals" and substitute "hospitals FREE-STANDING CLINICS".

If the words being changed are not in existing statute but are being added to it, they should

not be shown stricken but simply replaced as follows:

Page 12, line 15, strike "HOSPITALS" and substitute "FREE-STANDING CLINICS".

Put text on a separate line from the amendment instruction only when adding a new

amendment instruction or when it is necessary to indicate formatting, such as a "Left Tab":

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Page 7, after line 11 insert:

"(5) NOTHING IN THIS ARTICLE 27 REQUIRES AN EXISTING COUNCIL TO

RECONFIGURE OR RECONVENE.".

Amend the Health and Human Services Committee Report, dated February 28, 2020, page

2, after line 11 insert:

"Page 6 of the reengrossed bill, line 9, after "DISABILITIES." add "THE REPORT SHALL

ALSO INCLUDE A SUMMARY OF THE NUMBER OF JOBS OBTAINED FOR PERSONS WITH

DEVELOPMENTAL DISABILITIES, AND THE NUMBER OF JOBS RETAINED BY THOSE

INDIVIDUALS AT THREE MONTHS, SIX MONTHS, AND NINE MONTHS FOLLOWING THE

INITIAL PLACEMENT.".".

New material can be added to the end of a subsection or paragraph using "add" as the

instruction:

Page 9, line 16, after the period add "NEW SENTENCE(S)."

New material can be inserted into the middle of a sentence or paragraph using "insert" as the

instruction:

Page 2, line 21, after the period insert "NEW SENTENCE(S).". (Note: If there is more than one

period on a line, the instruction should specify the first period, second period, etc.)

Page 4, line 5, after "a" insert "CURRENT AND VALID".

(3) Punctuation marks that are part of the amended material are placed inside the quotation

marks. Punctuation marks that are not part of the amended material are placed outside the

quotation marks. This may result in two or more sets of "nested" quotation marks. For

example:

Amend the Transportation and Energy Committee Report, dated February 15, 2020, page

3, after line 26 insert:

"Page 24 of printed bill, line 17, after the period add "THE SALES AND USE TAX EXEMPTION

GRANTED TO A LESSOR OF TANGIBLE PERSONAL PROPERTY WHO AGREES TO COLLECT SALES

TAX ON LEASE PAYMENTS UNDER SECTION 39-26-114 (1)(a)(XII) SHALL NOT APPLY TO THE

SALES AND USE TAX IMPOSED PURSUANT TO THIS SUBSECTION (1)(b).".".

Page 3 of the report, line 27, strike "SHALL" and substitute "MAY".

Page 8 of the report, line 10, strike ""39-26-123 (2)."." and substitute ""39-26-123 (2). THE

SALES AND USE TAX EXEMPTION GRANTED TO A LESSOR OF TANGIBLE PERSONAL PROPERTY

WHO AGREES TO COLLECT SALES TAX ON LEASE PAYMENTS UNDER SECTION 39-26-114

(1)(a)(XII) SHALL NOT APPLY TO THE SALES TAX IMPOSED PURSUANT TO THIS SUBSECTION

(2)(c).".".

Page 9 of the report, after line 12 insert:

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"Page 58 of the bill, line 2, after the period add "THE SALES AND USE TAX EXEMPTION

GRANTED TO A LESSOR OF TANGIBLE PERSONAL PROPERTY WHO AGREES TO COLLECT SALES

TAX ON LEASE PAYMENTS UNDER SECTION 39-26-114 (1)(a)(XII) SHALL NOT APPLY TO THE

TAX ON MOTOR VEHICLES AND RELATED ITEMS IMPOSED PURSUANT TO THIS SUBSECTION

(1).".".

Page 9 of the report, line 13, strike "SHALL" and substitute "MAY".

(4) Joint rule no. 21 of the Colorado Senate and House of Representatives, concerning

capitalization of new material and canceled letter type (a/k/a strike type) for material to be

omitted, applies to amendments in the same manner as it applies to bills.

(5) To indicate a series of lines or pages, use "through" to ensure inclusion of the final page

or line number mentioned. For example:

Page 10 of the reengrossed bill, strike lines 11 through 15.

Note, this departs from the statutory style favoring "to" over "through". See section 2-4-113,

C.R.S.

(6) If the drafter prepares two amendments that are to be inserted at the same point in a bill,

such as on the same page and between the same two lines, the drafter should place the

amendment that the drafter intends for the enrolling room to insert first after the line above

that point and the second amendment before the line below that point. For example:

Amendment No. 1:

Amend printed bill, page 5, after line 16 insert:

Amendment No. 2:

Amend printed bill, page 5, before line 17 insert:

(7) Sometimes, the changes made by an amendment will require corresponding changes to

the title of the bill. If so, the title changes should go at the end of the amendment, and the

quoted portions of the title should appear in bold type:

Amend printed bill, page 1, line 102, strike "HOSPITAL" and substitute "FREE-STANDING

CLINIC".

(8) Some amendments provide for striking a bill in its entirety below the enacting clause and

substituting a new bill. A "SEBEC amendment" ("Strike Everything Below the Enacting

Clause") may be used when amendments are so extensive and numerous that amending the

bill piecemeal would be clumsy or confusing. However, the decision to prepare a SEBEC

amendment should always be reviewed with the sponsor, because some members may be

reluctant to vote for an entirely new bill in which the changes from the prior version are not

readily apparent.

(9) If an amendment is made to a committee report, give the name of the report using initial

capitals (e.g., "Judiciary Committee Report"), the date of the report, and the page and line

number amended in the report, as follows:

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Amend the Education Committee Report, dated April 1, 2020, page 4, strike lines 9 through

31.

(10) If most of the committee report is to be amended, the drafter may choose to strike the

committee report and substitute it with amendments to the bill. If more than one committee

report is stricken, strike the most recently adopted committee report first. For example, if the

Judiciary Committee report was adopted January 15 and the Appropriations Committee

report was adopted March 15, strike the Appropriations Committee report first and then the

Judiciary Committee report:

Strike the Appropriations Committee Report, dated March 15, 2018.

Strike the Judiciary Committee Report, dated January 15, 2018, and substitute:

"Amend printed bill, page 2, line 16, ... [etc.]".

Other examples of amendments striking committee reports appear in Appendix C, section

C.2.2 of this manual. Note that the "settled question" rule in the house creates differences in

the proper form and timing of these amendments, depending on whether they are offered in

the house or the senate.

(11) Sometimes a legislator will ask to "amend an amendment" that has not yet been

adopted. This may happen, for example, if a lengthy amendment has already been

distributed to committee members before the hearing, and the sponsor or another member

wishes to offer a small change to it during the hearing. To amend a proposed committee

amendment, identify it as the "proposed amendment," cite the storage number in

parentheses, and give the page and line number as for any other amendment:

Amend proposed committee amendment (HB1137_L.001), page 1, line 14, ... [etc.]

Other examples of amendments to amendments appear in Appendix C of this manual.

(12) In an amendment to another amendment, such as a floor amendment to a committee

report, references to specified pages and lines are sometimes confusing because the page and

line numbers might refer to the original bill or to the amendment being amended. In such

cases the drafter should always include a reference to the document being amended each

time a page number is given. The example for paragraph (3) above, illustrating proper

punctuation when quoting other amendments, also illustrates how to clarify references to the

bill and a committee report. Other examples appear in Appendix C, section C.4.

(13) When an amendment changes or strikes a phrase that extends over two successive lines,

the drafter may include references to both lines in one instruction instead of writing a

separate instruction for each line. For example, if the phrase "beyond a reasonable doubt" is

being changed to "by clear and convincing evidence" and a line break occurs after "beyond

a", the amendment can be written as follows:

Page 1, lines 7 and 8, strike "BEYOND A REASONABLE DOUBT" and substitute "BY CLEAR AND

CONVINCING EVIDENCE".

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(14) Repetitive amendments. Occasionally a drafter will draft an amendment that changes

a word, term, or phrase that occurs repeatedly in the bill. If it becomes too cumbersome to

write a separate instruction for each occurrence, the drafter can identify all occurrences in a

single instruction. In this case, the language change comes first, followed by the locations of

the change using bold for each new page number. The drafter should place the instruction at

the end of the amendment after any single change instructions but before the title change.

Drafters have discretion when determining when to use this format. There is no threshold

requirement for when the format must be used. The amendment looks like this:

Strike "PRIVATE SECURITY COMPANY" and substitute "GOVERNMENTAL AGENCY" on: Page

2, lines 8 and 10; Page 3, lines 4, 9 and 10, and 16 and 17; Page 4, lines 9 and 10, 11 and

12, 15 and 16, 21, and 24; Page 5, line 23; Page 6, line 1, 7, 9, and 14 and 15; Page 7, line

7, 9, 13, 17, 18, 20, and 23 and 24; and Page 8, lines 15 and 16, 17 and 18, 21, and 26.

If a drafter changes a term this many times, there will probably be instances when the term

has a comma, semi-colon, colon, apostrophe, or period attached. The Office's amendment

drafting standard normally requires that the drafter include with the term any attached

punctuation. When using the format for repetitive amendments, the punctuation is not

attached. However, the punctuation will still remain in the bill, so drafters need to be careful

in reviewing the preamended bill after adoption of a repetitive amendment to ensure that the

punctuation has not been inadvertently removed or changed. Additionally, a term used

multiple times may occasionally start a sentence, but drafters do not need to show or make a

separate amendment line for the initial capped instances of the term.

Another complication could arise if there are multiple references to the same term on a line

or lines listed in a repetitive amendment. For example:

Desired amendment is to change "EXECUTIVE DIRECTOR" to "DEPARTMENT".

Page 7, line 15 reads ". . . PURSUANT TO RULES PROMULGATED BY THE EXECUTIVE".

Page 7, line 16 reads "DIRECTOR. THE EXECUTIVE DIRECTOR SHALL REPORT ANNUALLY TO

THE GENERAL ASSEMBLY."

In this situation, the instruction would look like this:

Strike "EXECUTIVE DIRECTOR" and substitute "DEPARTMENT" on: Page 7, lines 15 and 16,

and line 16.

This makes it clear that the term that is split between lines 15 and 16 and the complete term

on line 16 are both changed. If for some reason the amendment is intended to only change

the term that is split between lines 15 and 16 and not the complete term on line 16, then

there would be no reference to just line 16 and it would be clear the amendment only

changes the split term between lines 15 and 16.

On occasion, the complete phrase may appear more than once on a single line.

Desired amendment is to change "EXECUTIVE DIRECTOR" to "DEPARTMENT".

Page 7, line 16 reads "EXECUTIVE DIRECTOR. THE EXECUTIVE DIRECTOR SHALL REPORT

ANNUALLY TO THE GENERAL."

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In this situation, the instruction would look like this:

Strike "EXECUTIVE DIRECTOR" and substitute "DEPARTMENT" on: Page 7, line 16 two times.

3.3.2 Guidelines for Drafting House Amendments - Settled Questions

The house of representatives follows the rule that once a question has been "settled" by the

body, for example by a committee of reference or the committee of the whole, it cannot be

given further consideration except through formal reconsideration. The application of this

rule means that:

1. The drafter should write any group or series of committee amendments for the same

sponsor to "dovetail" with each other and not touch the same portions of the bill if possible,

or, if that is not possible, the drafter should advise the sponsor to treat them as alternatives or

substitutes for each other.

2. During second reading, a committee report or floor amendment cannot be amended after

it has been adopted. Therefore, the drafter should use the following guidelines when drafting

house floor amendments:

(a) The drafter will need to decide whether to make the amendment to the printed (or

reengrossed) bill or to the committee report. In making that determination, the drafter needs

to use great caution to be sure an amendment drafted to the printed or reengrossed bill does

not put the amendment sponsor in a situation where the amendment will relate to language

already changed when the body voted on the committee report. If the presiding officer

determines the issue is a settled question, the presiding officer will rule the amendment out

of order and will not allow the amendment sponsor to offer the amendment. In some

instances, the drafter may be able to achieve the desired result by amending just the

committee report, i.e., by inserting into the committee report the desired amendment to the

bill. In other instances, the amendment can be split into more than one amendment with

certain amendments being made to the committee report and the other issues that are not

settled questions being made to the printed bill and handled after the committee report is

adopted.

(b) Do not make amendments to both the printed (or reengrossed) bill and a committee

report in the same amendment.

drafter should inform the sponsor that the amendment to the proposed amendment needs to

be offered before the proposed amendment itself is adopted. Remember, the senate rule is

just the opposite. See section 3.3.3 below.

3.3.3 Drafting Senate Amendments

Unlike the house of representatives, the senate does not follow the settled question rule

described above in section 3.3.2. In the senate, the drafter may amend different documents,

such as a committee report and the printed or reengrossed bill, in the same amendment. For

example:

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Amend the Finance Committee Report, dated January 20, 2020, page 1, line 6, strike "AN"

and substitute "A COMPLETED".

Page 1, line 11, after "REGISTER" insert "BY ENDORSEMENT".

Amend printed bill, page 4, line 12, strike "(c)" and substitute "(5)".

Page 4, line 14, strike "(5)" and substitute "(6)".

Also, in the senate during second reading, a committee report, or any other kind of floor

amendment, cannot be amended until after it has been adopted by the body. Floor

amendments are considered by the body in the order they are turned in to the secretary of

the senate. If the drafter prepares an amendment to a proposed amendment for second

reading, the drafter should inform the sponsor that the amendment to the proposed

amendment needs to be offered after the proposed amendment is adopted.

3.4 COMMITTEE OF THE WHOLE ("COW") AMENDMENTS

The committee of the whole in both houses consists of the full body of the house or senate,

sitting as a committee to consider bills, committee reports, and amendments to bills. When

the committee of the whole finishes work for the day, it "rises and reports" the actions it took

in that capacity. The committee of the whole report is then subject to adoption by the full

house or senate, voting on second reading.

Amendments are sometimes proposed to amend the committee of the whole report. These

amendments are usually prepared by the amendment clerk, but drafters are sometimes asked

to assist. In the house, an amendment to the committee of the whole report can only indicate

that a previously offered amendment passed or did not pass. But in the senate, a member

may offer an amendment to the committee of the whole report to show that an amendment

that was not offered in debate did pass. Therefore, the amendment might contain new

material, for which the amendment clerk might request the drafter's assistance.

3.5 SINGLE SUBJECT - ORIGINAL PURPOSE - TITLE

AMENDMENTS

When an amendment is prepared, the drafter should always check to ensure that the

amendment does not change the original purpose of the bill, which is prohibited by section 17

of article V of the state constitution, and that it does not violate the single-subject rule set out

in section 21 of article V of the state constitution.

Article V, section 17 reads as follows:

Section 17. No law passed except 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.

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Article V, section 21 of the state constitution is quoted and discussed in the portion of this

manual relating to the drafting of bill titles. See section 2.1.1. When considering title

questions, the drafter should keep both of these provisions in mind.

The drafter may amend the title of a bill to include subject matter added to the bill by

amendment so long as that subject matter is "germane" to the original subject of the bill and

does not change the original purpose of the bill. The Colorado Supreme Court held in In re

Amendments of Legislative Bills, 19 Colo. 356, 35 P. 917 (1894), that the title of a bill may be so

amended as to cover the original purpose of the bill as extended by amendments. For

example, if an appropriation is added to a bill, the title should be amended to add the correct

appropriation trailer; for example, "AND, IN CONNECTION THEREWITH, MAKING AN

APPROPRIATION.".

The single subject of the bill generally is expressed in the phrase preceding the first comma.

Everything after the first comma is referred to as the "trailer". The function of the trailer is

simply to give more complete notice and a clearer explanation of the specific contents of the

bill. So, for example, a bill titled "CONCERNING FRUIT, AND, IN CONNECTION THEREWITH,

PROVIDING FOR THE REGULATION OF APPLE GROWERS AND FOR A TAX ON THE SALE OF

ORANGES" could be amended to include regulation of grapefruit growers, with a

corresponding addition of "AND GRAPEFRUIT GROWERS" to the title after "APPLE

GROWERS". In this case the single subject is "fruit", both before and after the addition of the

references to grapefruit growers, and the trailer gives notice of these additional references.

The inclusion of grapefruit grower regulation is consistent with the single subject and does

not change the original purpose.

The General Assembly closely adheres to an unwritten rule that a title may not be amended

to broaden the subject matter of the bill as introduced. This rule has developed as a method

of ensuring that the single-subject and change-of-purpose provisions of the state constitution

are not violated. Note that strict compliance with this rule could result in a challenge to the

amended title used in the preceding example; it could be argued that the addition of

"grapefruit growers" broadens the title. The counter-argument would be that, because one of

many available subcategories of fruit growers, i.e., apple growers, was already addressed by

the bill, the addition of one more subcategory, grapefruit growers, does not materially

increase the intended scope of the legislation.

A title may be narrowed by adding words of limitation to the subject. Occasionally,

members or drafters attempt to narrow a title by inserting the specific C.R.S. sections or

subsections to be amended by the bill; however, this approach may not actually narrow the

title for two reasons: First, there is no guarantee that the section or subsection won't be

amended to include items unrelated to the original purpose of the bill. Second, if a list of

specific C.R.S. sections is added to the trailer, the effect will be only to help explain, albeit

clumsily, the effect or purpose of the bill rather than to limit the subject matter. So before

citing a statutory section or an act in the title as a method of narrowing the title, the drafter

should consult with the team leader or revisor.

Note: It appears that the constitutional provisions would not be violated if an amendment

made in the first house to limit the subject of a title is removed or the title is broadened by

the second house so long as the second house does not broaden the original subject of the

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bill as introduced.

While bill titles can be amended and in many cases should be amended to give notice as to

what will be contained in a bill after it is amended, drafters should exercise caution in

making title amendments. Title amendments and related questions about whether or not an

amendment fits within the single subject or violates the restriction on change of purpose

involve legal interpretations that can dramatically affect the legislative process. A presiding

officer may rule amendments out of order if the presiding officer determines that the

amendments violate either provision. Amendments that violate either provision may subject

the bill to a legal challenge. The drafter should always consult with a team leader or with the

Director when the drafter has concerns about the single subject or original purpose or about

a title amendment.

The single-subject and change-of-purpose provisions cited in this chapter apply only to bills;

resolutions and memorials are not subject to the same requirements but there is no harm in

following them if the sponsor of a resolution or memorial wishes to do so. In addition,

pursuant to section 1 (5.5) of article V of the state constitution, adopted at the 1994 general

election, the single-subject rule applies to initiated measures to amend the Colorado

constitution or statutes.

For additional information concerning the single-subject rule and the original-purpose

limitation, see Appendix F of this manual, which includes portions of an Office research

memorandum titled "Bills to Contain Single Subject"; an NCSL Legisbrief that discusses

"What is Germane?"; and a memorandum concerning amendment and title questions.

3.6 CHECKING AMENDMENTS

If a bill is amended by a committee of reference or on second or third reading, the

publications team will send a "To Do" e-mail message to the drafter indicating that the bill

has been amended. If the bill has been amended by a committee, the drafter compares the

preamended version that has been prepared by the enrolling room with the committee report

and the printed or reengrossed bill to ensure that all changes have been correctly

incorporated. If the bill has been amended on second or third reading, the drafter reviews the

appropriate version of the bill (engrossed, reengrossed, revised, or rerevised), which should

contain all of the committee amendments plus the floor amendments.

The purpose of checking the amendments is to identify errors or inconsistencies that may

have occurred in the course of amending or enrolling the bill. While a drafter may be

tempted to conclude that the amendments "must be fine" since the drafter drafted the

amendments, the drafter needs to realize that, in many cases, amendments are altered at the

time of adoption. In addition, errors sometimes occur because of the haste in preparing rush

amendments. One way to think about the task of checking amendments is that the drafter

should devote the same care and attention to checking the bill as was devoted to drafting and

preparing the bill for introduction. Checking amendments serves as a quality-control check

on the work not only of the drafter but of everyone involved in the legislative process.

The drafter should look at the following things when checking amendments:

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! Was the amendment properly enrolled? In other words, was the amendment

as adopted inserted in the proper place in the bill?

! Were lines of text inadvertently dropped?

! Are terms used consistently? Did the amendment use a different phrase or

term for something that is defined in the bill in a definition section?

! Was gender-specific language inserted that should be gender-neutral?

! Check the effective date section. If the effective date section includes different

effective dates for various provisions of the bill, check to see that the effective

date is still accurate and that any sections mentioned in the effective date are

still in the bill. Pay close attention to the effect on the effective date section of

amendments that remove or add sections to a bill.

! If the bill has an effective date clause and a safety clause and has different

effective dates for various provisions of the bill, the safety clause and the

effective date clause must take effect at least as early as any other section in

the bill.

CORRECT EXAMPLE:

SECTION 5. Effective date. (1) This section and sections 3 and 6 of this act take

effect upon passage and the remainder of this act takes effect July 1, 2020.

SECTION 6. Safety clause. The general assembly hereby finds, determines, and

declares that this act is necessary for the immediate preservation of the public peace, health,

and safety.

! Sometimes amendments add or remove the safety clause and substitute a

petition clause, or vice versa. These changes need to be reviewed to be sure

that the drafter used the correct language and that the change does not create a

timing issue. Check the entire bill for repeals or effective dates occurring

before the end of the 90-day period for turning in a petition. If this occurs in a

bill, the bill should have a safety clause.

! Pay close attention to applicability clauses. A bill should not have an

applicability clause that conflicts with a stated applicability within the text of

the bill. Such an ambiguity might result in a court construing the applicability

in a way unintended by the sponsor or the General Assembly. Either the

language should be identical in both places or the applicability should be

stated in the text and removed from the applicability section.

! If a bill does not have a safety clause, any effective dates within the bill must

occur at least ninety days after the last day on which the current legislative

session could end.

! If the amendment removes part but not all of the changes to a particular

C.R.S. section, is the amending clause for the C.R.S. section still accurate?

! If items have been renumbered or relettered in the bill because something was

deleted or added, were the internal references contained in the bill also

renumbered or relettered?

! If an amendment repealed or renumbered or relettered a provision of current

law, are new conforming amendments needed?

! Did the amendment add something to the bill that is not in the single subject

of the bill?

! Did the amendment remove a section of the bill that is mentioned in the

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trailer of the bill title and fail to amend the "trailer" portion of the title?

! Are there misspellings?

! Are legal issues raised by the amendment? Did the amendment add something

that arguably is in conflict with another statute or is unconstitutional?

! Are there internal inconsistencies in the bill?

Errors in bills can be fixed one of two ways: By correction schedule ("C.S.") or by

amendment. If the mistake is minor, such as a misspelling or an incorrect amending clause,

chances are it can be fixed by C.S. In this case the drafter should simply note the error in the

comment section of the "To Do" response sent back to the publications team. Items noted on

the correction schedule will be fixed at the time the bill is enrolled. However, more

substantive problems cannot be fixed by C.S., so in the case of anything other than an

obviously minor technical error, the drafter should consult with the publications team about

the issue.

If the problem cannot be fixed by C.S., the drafter should explain the problem to the sponsor

of the bill and discuss correcting the problem by amendment. Be aware that the sponsor may

have reasons for not wanting to fix the problem immediately. For example, if the bill is

controversial and the final vote is likely to be close, the sponsor may not want to ask

permission to offer a third reading amendment but instead wait until after introduction in the

second house and fix the problem there. Or, if the bill is in the second house, a bill sponsor

might not want to fix a problem with a second or third reading amendment and risk having

the bill go to conference committee. The drafter should consult with the sponsor and present

the various options for addressing the issue and let the sponsor decide how he or she wants

to proceed. If time is of the essence, the drafter may want to prepare suggested amendment

language ahead of time.

Another option may be correcting the problem with an amendment to the annual Revisor's

Bill. However, the drafter should consult with the publications team or the Revisor of

Statutes about whether a particular matter is something that can be fixed in the Revisor's

Bill. Substantive changes cannot be done through the Revisor's Bill.

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Example Committee Amendment

SB256_L.013

SENATE COMMITTEE OF REFERENCE AMENDMENT

Committee on Education.

SB09-256 be amended as follows:

1 Amend printed bill, page 14, strike line 24 and substitute "IMPROVE STUDENT

2 ACHIEVEMENT.".

3 Page 14, line 25, strike "(a)".

4 Page 15, strike lines 2 and 3 and substitute "SECTION SHALL PROVIDE A PLAN

5 FOR USE OF THE FUNDS TO THE STATE BOARD BEFORE HOLDING AN ELECTION".

6 Page 15, strike lines 5 through 25.

** *** ** *** **

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Example Floor Amendment

HB1205_L.008 Amendment No. ___________

HB09-1205

HOUSE FLOOR AMENDMENT

Second Reading BY REPRESENTATIVE Pace

1 Amend printed bill, page 6, after line 14 insert:

2 "(6) IF THE INTERNET-BASED VOTING PILOT PROGRAM IS

3 SUCCESSFUL FOR THE GENERAL ELECTION HELD IN 2012, THE SECRETARY

4 OF STATE SHALL IMPLEMENT AN INTERNET-BASED VOTING SYSTEM FOR

5 ALL COLORADO CITIZENS. IF THE PROGRAM IS UNSUCCESSFUL FOR THE

6 2012 GENERAL ELECTION, THIS ARTICLE 5.5 IS REPEALED, EFFECTIVE JULY

7 1, 2013.".

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Example Committee Amendment with Repetitive Amendments

HB1262_L.001

HOUSE COMMITTEE OF REFERENCE AMENDMENT

Committee on Judiciary.

HB16-1262 be amended as follows:

1 Amend printed bill, strike "PRIVATE SECURITY COMPANY" and substitute

2 "GOVERNMENTAL AGENCY" on: Page 2, lines 8 and 10; Page 3, lines 4, 9

3 and 10, and 16 and 17; Page 4, lines 9 and 10, 11 and 12, 15 and 16, 21,

4 and 24; Page 5, line 23; Page 6, lines 1, 7, 9, and 14 and 15; Page 7, line

5 7, 9, 13, 17, 18, 20, and 23 and 24; and Page 8, lines 15 and 16, 17 and

6 18, 21, and 26.

7 Strike "ALL FILES PERTAINING TO THE APPLICANT" and substitute "THE

8 APPLICANT'S FILES" on Page 3, line 1; Page 4, lines 12 and 13; Page 5,

9 line 24 two times; Page 7, lines 10 and 11; and Page 8, lines 18 and 19.

10 Strike "SEVEN" and substitute "TWENTY" on Page 3, line 14; Page 4, line

11 26; Page 6, line 12; and Page 7, line 22.

** *** ** *** **

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CHAPTER 4: CONFERENCE COMMITTEE

REPORTS

4.1 INTRODUCTION

If a House bill is amended in the Senate or vice versa, a conference committee is the method by

which the two houses may attempt to resolve the differences between the reengrossed and

rerevised versions of the bill. Conference committees are appointed pursuant to Joint Rule No. 4

of the Senate and House of Representatives, a portion of which is quoted below:

Joint Rules of the Senate and House of Representatives

4. Conference Committees

(a) In any case of difference between the two houses upon any measure, and prior to

adoption of a motion to adhere by a majority of those elected to either house, either

house may request a conference and appoint a committee for that purpose and the

other house shall also appoint a similar committee.

(b) Each such committee shall consist of three members of the house appointing the

same, with a chairman designated, and the two committees jointly shall constitute

a conference committee. Notwithstanding any rule of the House of Representatives

or any rule of the Senate to the contrary, one of the three members of such

committee appointed by each house shall be a member of the minority party of that

house and shall be appointed by the minority leader of that house. A majority of the

members of each committee appointed by each house shall be necessary to approve

a majority report of any conference committee submitted to the General Assembly.

(b.5) A minority conference committee report shall be drafted by the Office of

Legislative Legal Services upon the request of any member of a conference

committee. No minority conference committee report shall be considered in either

house unless it is approved by one member of the conference committee from each

house.

by the chairman of the committee on the part of the house requesting such

conference and said chairman shall preside over the meetings of the conference

committee. The conference committee shall be attended by a staff member of the

Office of Legislative Legal Services and by a staff member of the Legislative

Council. The conferees shall confer fully on the reasons of their respective houses

concerning the differences between the two houses on the measure before them.

(d) With the consent of a majority of members elected to each of the two houses, the

conference committee may report on matters beyond the scope of the differences

between the two houses; otherwise the committee shall report only on matters

directly at issue between the two houses.

(e) When a conference committee has reached a decision, the staff member from the

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Office of Legislative Legal Services shall draft a conference committee report

reflecting the agreements of the committee. Every conference committee report

shall be in writing.

(f) and (g) [Concern action to be taken on conference committee reports.]

(h) [Concerns correction of an error, conflict, or inconsistency in a report by means of

a second report.]

(i) When a conference committee has met, reached a decision, and instructed the

Office of Legislative Legal Services' staff to prepare a report, the signing of the

report by the committee members shall constitute approval of the report and

ratification of the decision made by the conference committee. No report which

includes matters beyond the scope of the differences between the two houses shall

be signed until consent to report on such matters has been given in accordance with

subsection (d) of this Joint Rule.

Joint Rule Nos. 5, 6, 7, and 8 also concern conference committees and the reports of those

committees. The drafter should be familiar with these rules, but they are not essential in the

actual drafting of conference committee reports.

Conference committee reports are the most exacting phase of legislative drafting. A conference

committee report is the last opportunity to make changes to a bill before the bill is enacted by the

General Assembly. If a conference committee report contains substantive or technical errors, the

report cannot be directly amended to correct the errors. (See Joint Rule No. 4 (h) for the

correction of an error by means of a second report.) Therefore, it is very important that the drafter

makes sure that a conference committee report is complete and correct when it is signed by the

conferees. The following explanation and the examples of various types of conference committee

reports contained in Appendix D of this manual will serve as a basis for understanding the

technicalities and mechanics of such reports.

After a bill is adopted by the second house, the bill is returned to the first house (the bill’s house

of origin) if the second house made amendments to the bill. The house of origin must act on the

amendments of the second house in order to complete the final enactment of the bill. The house

of origin may concur or may refuse to concur in the amendments of the second house. If the

house of origin refuses to concur in the second house amendments, "a difference between the two

houses [on the] measure," as stated in Joint Rule No. 4 (a), is immediately created. The

amendments of the second house are the basis of this difference. Therefore, the amendments of

the second house are the only matters that may be considered by a conference committee in its

report, except as otherwise noted below.

Joint Rule No. 4 (d) states: "With the consent of a majority of members elected to each of the two

houses, the conference committee may report on matters beyond the scope of the differences

between the two houses. . . ." Accordingly, if given this consent, the conference committee can

consider any part of the bill before it, can recommend new provisions concerning the subject

matter of the bill, or can even write a new bill relating to the same subject matter. Joint Rule No.

4 (i) specifically permits a conference committee to consider matters beyond the scope of the

differences before permission is granted but requires the conference committee to obtain such

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permission before the report is signed. Note that the operative term here is "signed".

Simply stated, a conference committee may:

(1) Recommend the adoption or rejection of each amendment made by the second

house or recommend changes in or substitutions for those amendments, but to no

other provisions of the bill, i.e., all changes are "within the scope of the

differences"; or

(2) If the conference committee has the consent of a majority of members elected

to each of the two houses to report on matters other than those that are at issue

between the two houses, i.e., matters "outside the scope of the differences",

recommend amending any provision of the bill, recommend new matter relating to

the subject matter of the bill, or even recommend an entirely new bill relating to

the same subject matter.

If a conference committee decides to accept the bill as amended in the second house, it may

submit a report that adopts the rerevised bill (see the applicable sample in Appendix D of this

manual). However, a conference committee report is not necessary in such case. As a procedural

alternative, the first house may instead act to concur in the second house amendments, dissolve

the conference committee, and repass the bill as amended in the second house. Similarly, if a

conference committee decides to accept the bill as it left the first house, it may submit a report

that adopts the reengrossed bill, or, as a procedural alternative, the second house may recede

from its position on the bill. See Joint Rules No. 5 and 6.

If the second house has adopted an amendment striking everything below the enacting clause (a

"SEBEC" amendment), the entire bill is considered within the scope of the differences, and

therefore the conference committee can consider any part of the bill. The Office's view has been

that, in this case, the conference committee could add provisions to the bill that were not ever

part of the bill, or even completely rewrite the bill, as long as the final content fits under the title.

In effect, the title of the bill defines the scope of the differences between the two houses. In such

an instance, the drafter does not need to draft the conference committee report to show "scope"

and, procedurally, neither house needs to get power to go beyond the scope of the differences.

If the conferees want to amend the same C.R.S. section in two different ways and part of the

amendment is within the scope of the differences and part is beyond the scope of the differences,

the question arises about whether to have two separate amending clauses in the bill. If possible,

the drafter should sever the amendments and write two amending clauses identifying the

amendments as within or beyond the scope. However, sometimes it is too confusing or difficult

to sever the amendment, in which case the drafter should put both changes in the "beyond the

scope" portion of the report and explain to the conferees that, for ease of comprehension, the

portion of the amendment that is within the scope was combined with the portion of the report

that shows the beyond-the-scope portion.

If the title of a bill was amended in the second house (the rerevised bill) and the conference

committee report is being drafted to amend the reengrossed bill, the title that should be used in

the conference committee report is the title of the reengrossed bill since that is the document

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being amended.

A conference committee report can only include amendments adopted by the committee. The

drafter of the report cannot include technical amendments in a conference committee report

unless the committee has agreed to specific technical changes the drafter brings to the

committee's attention or if the committee has agreed to include any technical changes the drafter

finds when preparing the report. Technical changes are subject to the same "scope"

considerations that apply for substantive changes.

4.2 DRAFTING A CONFERENCE COMMITTEE REPORT

4.2.1 Form of the Report

Conference committee reports are prepared as amendments to either the rerevised bill or the

reengrossed bill. The drafter should use the rerevised bill unless amending the reengrossed bill is

simpler. Sample conference committee reports covering most situations are contained in

Appendix D of this manual, and the drafter should carefully follow the form of the appropriate

sample.

4.2.2 Attendance at the Meeting

The drafter of the bill or another attorney from the Office should attend the meeting of the

conference committee. See Joint Rule No. 4 (e). When a bill is assigned to a conference

committee, a conference committee packet is assembled and a file is maintained for each bill in

conference committee. The drafter of the bill will be informed when and where the conferees will

meet. The drafter should have copies of the rerevised and the reengrossed bills to work with at

each conference committee meeting.

Unlike other committee meetings, a conference committee meeting requires active participation

by the drafter, and the drafter should sit at the table with the conferees. Remember, once the

conference committee adopts and signs the report, there will be no further opportunities to "fix"

any problems with the report or the bill. So the drafter should be prepared to appropriately clarify

or advise the committee in case of any question regarding substance or procedure.

4.2.3 Preparing a Draft Conference Committee Report

Sometimes a drafter will be asked to prepare a draft conference committee report for

consideration by the conferees. To ensure that such a draft is not mistaken for a report approved

by the conference committee, the draft should be clearly labeled as a draft on the first page and

the signature lines at the end of the report should either be deleted or marked through.

4.2.4 Signing the Report

The drafter of the report is responsible for arranging for members of the conference committee to

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sign the report. Every member of the conference committee should be offered an opportunity to

sign the report, including members who were absent from the meeting at which the report was

adopted and members who voted against the report.

If it appears likely that the committee will accept a previously prepared draft report without

changes, the drafter should bring one original final version of that draft, with signature lines, and

be ready to offer it to the members to sign immediately after the meeting if they so desire. It may

even be helpful to lightly pencil in the members' names below the appropriate lines (see 4.2.6,

below, concerning matters of form) so that they will sign in the right place. The pencil marks can

be erased later.

4.2.5 Filing the Report - Adoption

After the report is signed, four copies of the signed report must be made for filing with the House

and Senate. The signed original and two copies are filed with the house assenting to the

conference; i.e., Senate bills are filed with the House, and House bills are filed with the Senate.

The other two copies are filed with the opposite house.

Usually, a bill's house of origin requests the conference, and the second house assents. Therefore,

the second house usually acts first on the conference committee report.

4.2.6 Guidelines for Matters of Form

(1) No "white out" changes or interlineations should be made on an original conference

committee report. This is subject to change in a "rush" situation, in which case the person making

the changes on the original is responsible for making sure that the changes are also made in the

document as stored in the computer.

(2) No line numbers should appear on the side of the page. A conference committee report is not

subject to amendment, so line numbers are not required.

(3) Signature lines should never appear on a page by themselves.

(4) Conference committee reports on a House bill should have House signature lines appearing

on the left side of the page and Senate signature lines appearing on the right side of the page.

This format is reversed for a Senate bill. It is customary for the majority-party members in each

house to use the top two lines, with the chair of the committee (usually a prime sponsor of the

bill) taking the first line on each side, as applicable.

4.3 PROCEDURAL ASPECTS OF CONFERENCE COMMITTEES

The joint rules and the rules of the House and the Senate set forth a number of requirements and

procedural limitations on conference committees, including limiting the options for action

depending on the particular stage the bill is in. See Appendix D of this manual for charts listing

the conference committee options for House bills and Senate bills, depending upon what stage of

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proceedings the particular bill is in.

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CHAPTER 5: SPECIAL RULES AND

TECHNIQUES OF DRAFTING AND GRAMMAR

AND STYLE

5.1 JOINT RULE 21

Joint Rule No. 21 of the Senate and House of Representatives requires that all bills must be

submitted to the Office of Legislative Legal Services before introduction for approval as to

form.

In every bill amending existing law, the drafter must follow Joint Rule No. 21 to show the

specific changes to existing law by using small capital letters and strike type (referred to as

"cancelled letter type" in Joint Rule No. 21). At the discretion of the Office, when

amendments are so extensive or compliance with the method of showing changes is not

feasible, the drafter may use the repeal or repeal and reenact methods rather than the small

capital letters and strike type method. The requirement to show changes in existing law by

using small capital letters and strike type is also specified in section 24-70-204 (2), C.R.S.

The pertinent parts of Joint Rule No. 21 provide:

(a) Bills which would amend existing law shall show the specific changes to be made

to existing law in the following manner:

(1) All new material shall be capitalized.

(2) All material which is to be omitted from existing law shall be shown in its

proper place in cancelled letter type; such material, however, shall not be

deemed a part of the bill.

(3) The bill as printed shall show the following explanation at the bottom of

the first page: 1) "Capital letters indicate new material to be added to

existing statute;" 2) "Dashes through words indicate deletions from existing

statute."

The foregoing shall not apply to those bills or sections of bills which repeal or repeal and

reenact existing law with amendments, if compliance is not feasible in the discretion of the

Office of Legislative Legal Services.

5.1.1 Capitalization Requirements

New material is always shown in small capital letters.

The text of new material, regardless of length and even if it comprises an entire section, part,

or article, is always indicated in small capital letters. New material is not shown in lower

case in any part of a bill. The repeal and reenactment, recreation and reenactment, and

enactment of new titles, articles, parts, sections, subsections, and smaller provisions should

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always appear in small capital letters.

Several examples of the use of small capital letters as required in Joint Rule No. 21 follow.

5.1.1.1 Amending Existing Law and Showing Changes by Use of Small

Capital Letters and Strike Type

SECTION 1. In Colorado Revised Statutes, amend 10-16-129 as follows:

10-16-129. Costs of administration. Every corporation subject to the provisions

of this article 16 shall pay annually on March 1 to the commissioner to defray the cost of

administering and implementing the rate review procedures established pursuant to sections

10-16-125 to 10-16-128 an amount equivalent to five cents per person enrolled in ONE-FIFTH

OF ONE PERCENT OF THE PREMIUMS COLLECTED OR CONTRACTED FOR ON the health service

plans of such corporation on December 31 of IN the prior CALENDAR year.

5.1.1.2 Amending Existing Law by Adding a New Article, Part, Section,

Subsection, Etc. - New Material Is Shown in Small Capital Letters

SECTION 2. In Colorado Revised Statutes, 26-2-111, add (7) as follows:

26-2-111. Eligibility for public assistance. (7) IN ACCORDANCE WITH

DEPARTMENT RULES, MEDICAL CARE WITH THE SAME SCOPE OF BENEFITS AS THE MEDICAL

CARE PROVIDED IN ARTICLE 4 OF THIS TITLE 26 UNDER THE "COLORADO MEDICAL

ASSISTANCE ACT" SHALL BE PROVIDED TO THOSE PERSONS ELIGIBLE FOR AID TO THE NEEDY

DISABLED DUE TO A TEMPORARY DISABILITY AS DEFINED IN SECTION 26-2-103 (6)(a) AND

DEPARTMENT RULES.

5.1.1.3 Amending Existing Law by Adding a New Subdivision to a

Section, Combined with Amendments to Other Subdivisions of the

Same Section - the New Subdivision Is Shown in Small Capital Letters

SECTION 3. In Colorado Revised Statutes, 39-26-102, amend (15); and add (2.7)

as follows:

39-26-102. Definitions. (2.7) "DIRECT MAIL ADVERTISING MATERIALS" MEANS

DISCOUNT COUPONS, ADVERTISING LEAFLETS, AND OTHER PRINTED ADVERTISING,

INCLUDING, BUT NOT LIMITED TO, ACCOMPANYING ENVELOPES AND LABELS.

(15) "Tangible personal property" means corporeal personal property. The term

shall not be construed to include newspapers, as legally defined by section 24-70-102, or

preprinted newspaper supplements which THAT become attached to or inserted in and

distributed with such newspapers, OR DIRECT MAIL ADVERTISING MATERIALS THAT ARE

DISTRIBUTED IN COLORADO BY ANY PERSON ENGAGED SOLELY AND EXCLUSIVELY IN THE

BUSINESS OF PROVIDING COOPERATIVE DIRECT MAIL ADVERTISING.

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5.1.1.4 Recreating and Reenacting Old Law - the Text of the New

Material Is Shown in Small Capital Letters, Regardless of Length

SECTION 4. In Colorado Revised Statutes, recreate and reenact, with

amendments, 25-4-1410 as follows:

25-4-1410. Repeal of part. THIS PART 14 IS REPEALED, EFFECTIVE JULY 1, 2000.

5.1.2 Bold and Italics for New Numerals in Statutory Text

The Committee on Legal Services approved the use of bold and italics in bill language in

2018, and it is now mandatory for changes to statutory language in only the following two

categories:

1) New numerals and symbols in a series; and

2) New numerals and symbols in a table.

The general rule is that new statutory language is shown in small capital letters. However,

small capital letters are not noticeable with numerals and symbols, which cannot be

capitalized. Therefore, when adding a new numeral in statutory text, either in a series of

existing numerals or an existing table, the drafter must show the new numeral in bold and

italics to clearly indicate that it is new. If parentheses or a dollar sign symbol are adjacent to

the numeral, without a space, then the drafter should show that symbol in bold and italics

too. Drafters should continue to show repealed numerals in strike type.

Bold and Italics Coding: The bold and italics coding operates the same as small capital

letters coding; it should wrap around the numerals, which may include punctuation within

and outside the new material. Do not include the spaces on either side. In addition, the bold

code should be on the inside, touching the numeral, then the italics code on the outside. To

achieve this, select bold first, then italics through the menu or key command.

...sections 5-16-124 (1), 6-16-104.6, 12-61-907, 23-64-121 (1), 33-4-101 (1)...

If these standards are not met exactly, it will not negatively impact enrolling or publications

from a technical standpoint. While these are the standards by which drafters and editors

should use bold and italics, it will not break the system if the bold and italics codes are

swapped or if a comma isn't included.

The following are examples of how to show new numerals in different contexts:

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5.1.2.1 Category 1: New Numeral in a Series

5.1.2.1.1 Internal References: Sections and Subsections

11-35-101. Alternatives - requirements - definition. (1) The requirement of a

surety bond as a condition to licensure or authority to conduct business or perform duties

in this state provided in sections 5-16-124 (1), 6-16-104.6, 12-61-907, 23-64-121 (1),

33-4-101 (1), 33-12-104 (1), 35-55-104 (1), 37-91-107 (2) and (3), 38-29-119 (2),

39-21-105, 39-27-104 (2)(a), (2)(b), (2)(c), (2)(d), (2)(e), (2.1)(a), and 44-20-413 may be

satisfied by a savings account or deposit...

5.1.2.1.2 Internal References: Subsections

12-39-111. Grounds for discipline. (1) The board has the power to revoke,

suspend, withhold, or refuse to renew any license in accordance with the procedures set

forth in subsections (1), (3) (2), (4), (6), and (8) of this section.

5.1.2.1.3 Year

22-54-104. District total program - definitions. (3.5) Minimum per pupil funding

shall be:

(a) For the 2015-16 2017-2018, 2018-19, 2019-20, and later 2020-21 budget years,

the amount must be...

5.1.2.2 Category 2: New Numeral in a Table

5.1.2.2.1 Table: Dollar Sign Separated by a Space

42-4-1701. Traffic offenses and infractions classified - penalties - penalty and

surcharge schedule - repeal. (4) (a) (I) Every person who is convicted of a violation of this

title 42 shall be fined as follows:

Section Violated Penalty Surcharge

42-2-101 (1) or (4) $ 35.00 $ 10.00 12.00

42-2-101 (2), (3), or (5) 15.00 6.00

42-2-104 (3.5) 50.00 8.00

42-2-105 70.00 80.00 10.00

5.1.2.2.2 Table: Dollar Sign Attached

25-8-502. Application - definitions - fees - funds created - public participation

- repeal. (1.1) For each regulated activity:

Facility Categories for Permit Fees Annual Fees

(II) General permits:

(E) Department of transportation (DOT) $9,400 $9,750

(F) Minimal discharge of industrial water $630

(G) Low complexity $820 $850

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5.1.2.3 When the Bold and Italics Rule Does Not Apply: New Language

Is Clear from Context

Bold and italics only work if they are clear and convenient for the drafter and reader. The

drafter should use best judgment in determining whether a new number is apparent through

context in or around a series or table. As is standard practice, continue striking and

re-adding language when needed for clarity, such as with the addition of an article or title

number. Normal coding procedures apply.

5.1.2.3.1 Using Small Capital Letters to Show Context: Part Number

39-22-4703. Definitions. As used in this part PART 47, unless the context otherwise

requires:

5.1.2.3.2 Using Small Capital Letters to Show Context: Section Number

Repeated to Show New Subsection Numbers

(k) The amount recaptured in accordance with section 39-22-4705 (2) SECTION

39-22-4705 (2), (3), AND (3.5).

5.1.2.3.3 Final Number in the Series Is Accompanied by Small Capital

Letters

(g) Has been convicted of or pled guilty or nolo contendere to a misdemeanor

related to drugs or alcohol or a felony. A certified copy of the judgment of a court of

competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or

plea. In considering the disciplinary action, the director is governed by sections 12-20-202

(5), 12-30-404, and 24-4-105, AND 24-5-101.

5.1.2.3.4 Updating Internal References: Number Is Accompanied by Small

Capital Letters

(b) Any form of identification indicated in paragraph (a) of this subsection (19.5)

SUBSECTION (19.5)(a) OF THIS SECTION that shows the address of the eligible elector shall

be considered identification only if the address is in the state of Colorado.

5.1.3 Repealing Existing Law

The repeal of a portion of C.R.S. is indicated by strike type unless the material being

repealed exceeds one page or one section, in which case the repeal is indicated by a straight

repeal clause.

5.1.3.1 Repeal Without Other Amendments

SECTION 1. In Colorado Revised Statutes, repeal 25-4-1506 as follows:

25-4-1506. Repeal of part. This part 15 is repealed, effective July 1, 1992.

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5.1.3.2 Repeal Combined with Other Amendments to Same Section

SECTION 2. In Colorado Revised Statutes, 18-9-201.5, amend (4); and repeal (3)

as follows:

18-9-201.5. Scope of part 2. (3) Nothing in this part 2 shall affect animal care

otherwise authorized by law.

(4) Nothing in this part 2 shall affect ARTICLE 9 AFFECTS facilities licensed under

the provisions of the federal "Animal Welfare Act of 1970", 7 U.S.C. sec. 2131 et seq., as

amended.

5.1.3.3 Repeal of Material Exceeding One Page or One Section in

Length - Straight Repeal

SECTION 3. In Colorado Revised Statutes, repeal part 15 of article 4 of title 25.

5.1.4 Repealing and Reenacting Existing Law

Generally, even if the drafter is completely rewriting existing law, the drafter should show

the text of the existing law in strike type followed by the text of the new law in small capital

letters. However, if the existing law exceeds one page or one section in length or if the

changes are so extensive as to make reading the bill with strike type and small capital letters

very difficult, the drafter may repeal and reenact the existing law. In this case the text of the

existing law is not shown and the new material is shown in small capital letters. The drafter

should work with the sponsor to decide which method the sponsor prefers.

5.1.4.1 Existing Law Does Not Exceed One Page or One Section

SECTION 1. In Colorado Revised Statutes, 35-9-102, amend (21) as follows:

35-9-102. Definitions. (21) "Pesticide" means

(a) Any substance or mixture of substances intended for preventing, destroying,

repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of

plant or animal life or viruses; and

(b) Any substance or mixture of substances intended for use as a plant regulator,

defoliant, or desiccant. A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR

PREVENTING, DESTROYING, REPELLING, OR MITIGATING A PEST ORA SUBSTANCE OR MIXTURE

OF SUBSTANCES INTENDED FOR USE AS A PLANT REGULATOR, DEFOLIANT, OR DESICCANT;

EXCEPT THAT THE TERM "PESTICIDE" DOES NOT INCLUDE AN ARTICLE THAT IS A "NEW

ANIMAL DRUG" AS DESIGNATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.

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5.1.4.2 Existing Law Exceeds One Page or One Section

SECTION 2. In Colorado Revised Statutes, repeal and reenact, with

amendments, 35-10-111 as follows:

35-10-111. Record-keeping. EACH COMMERCIAL, LIMITED COMMERCIAL, AND

PUBLIC APPLICATOR SHALL KEEP AND MAINTAIN RECORDS OF EACH PESTICIDE APPLICATION

IN THE FORM AND MANNER DESIGNATED BY THE COMMISSIONER ....

5.1.5 An Amended Provision Should Be Shown in Context Whenever

Helpful FOR a Clear Understanding of the Amendment - "User-friendly"

Drafting

A primary consideration in preparing bills is to present changes to the law in a manner that

facilitates clear understanding. This concept is called "user-friendly" drafting, and it means

the drafter should include as much of a statute as necessary to put a proposed change in

context. The practice of amending the smallest subdivision of a section and not showing

related subdivisions is discouraged since it is not as likely to show amendments in context.

Use entire sections or subsections except when the length of the section or subsection makes

this impractical or inappropriate, such as where the length of the additional material exceeds

one page.

Additionally, always include the introductory portion of a statute in a bill, even if it will not

be amended, when amending one or more of the provisions following that introductory

portion.

5.1.5.1 Amended Material Shown in Context

SECTION 1. In Colorado Revised Statutes, amend 22-20-105.5 as follows:

22-20-105.5. Statewide information and communication network. (1) The

department shall establish a statewide information and communication network in order to

promote excellence in education for all students in public schools, including gifted children.

(2) This section is repealed, effective July 1, 1993 1995, unless the general

assembly acting by bill continues this section.

5.1.5.2 Introductory Portion Shown

SECTION 2. In Colorado Revised Statutes, 25-1-107, amend (1)(s) as follows:

25-1-107. Powers and duties of the department. (1) The department has, in

addition to all other powers and duties imposed upon it by law, the following powers and

duties:

(s) To establish and enforce standards for exposure to toxic materials in the

gaseous, liquid, or solid phase that may be deemed necessary for the protection of public

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health;

5.1.6 Specific Applications of Joint Rule No. 21

5.1.6.1 Small Capital Letters Always Follow Strike Type

In applying the rule, first show the strike type if new material is to be substituted for the

omitted material and then follow with the new material in small capital letters.

Correct Application:

"The permit fee shall be two IS FOUR dollars."

Incorrect Application:

"The permit fee IS FOUR shall be two dollars."

5.1.6.2 Addition to Unsubdivided Section

When adding a new subsection to a section that has no numbered subsections, designate the

existing section as subsection (1), and then add the new material as subsection (2) in small

capital letters. Numbered subsections, paragraphs, and so forth cannot be added if the

existing statute to be amended does not already contain numbered subsections, paragraphs,

etc. The entire section must be amended and all the new material must be in small capital

letters. Example:

SECTION 1. In Colorado Revised Statutes, amend 30-11-103 as follows:

30-11-103. Commissioners to exercise powers of county - property of county.

(1) The powers of a county as a body politic and corporate shall be ARE exercised by a

board of county commissioners therefor.

(2) A REAL OR PERSONAL ESTATE CONVEYED TO A COUNTY SHALL BE DEEMED THE

PROPERTY OF SUCH COUNTY.

[The existing law before amendment contained only the first part of the section headnote

and no subsection number (1).]

5.1.6.3 Changes or Additions to Section Headnotes

The example shown in section 5.1.6.2 also illustrates a point with respect to rewording or

extending section headnotes. The headnote of section 30-11-103, C.R.S., before being

amended, contained only the words "Commissioners to exercise powers of county." When

subsection (2) was added, the content of the section was extended, and the extension was

reflected in the section headnote by adding the words "property of county." In changing or

expanding a section headnote, the drafter need not follow Joint Rule No. 21, since section

headnotes are not part of the legislative text. Many times, even though a section is amended

or extended, the section headnote is comprehensive enough not to require change. The

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drafter should make any changes in section headnotes as short as possible and as descriptive

of the changes covered by the amendment as possible.

The drafter may not change a section headnote by amendment unless the drafter is also

making substantive amendments to the text of the section. If necessary, the revisor of

statutes may make editorial changes to section headnotes.

5.1.6.4 Punctuation Changes

Joint Rule No. 21 does not apply to changes in punctuation since one obviously cannot

capitalize a period, comma, or semicolon, and it is not the practice of the Office to show

punctuation, standing alone, in strike type.

Correct Application:

The applicant shall pay a fee of two dollars. and Any such copy of the record is prima facie

evidence ....

Incorrect Application:

The applicant shall pay a fee of two dollars,. and any ANY such copy of the record is prima

facie evidence ....

Merely insert the period in place of the existing comma. When punctuation is contained in a

series of words in strike type, the strike type will run through the punctuation as in this

example: "The commission shall receive, investigate, and pass upon HEAR complaints."

5.1.6.5 Capitalization changes

To change the capitalization of a word, either by uppercasing the first letter or lowercasing

the first letter, it is not necessary to strike the original word and substitute the new word in

small capital letters. Capitalization is considered an editorial change and can simply be

changed.

Correct application: Change "the national fire code" to "the National Fire Code"

Incorrect application: the national fire code NATIONAL FIRE CODE

5.1.6.6 Parts of Words

Do not apply strike type or small capital letters to just part of a word. Use strike type through

the entire word and small capital letters for the new word:

Correct Application:

The commissioner COMMISSIONERS have the power ....

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Incorrect Application:

The commissionerS have the power ....

5.1.6.7 Proposed Constitutional Amendments

Proposed amendments to the Colorado constitution are written as concurrent resolutions

rather than bills, either Senate or House concurrent resolutions depending on where

introduced. Pursuant to the following rules of the House and Senate, Joint Rule No.

21applies to indicate the proposed changes in concurrent resolutions:

Rules of the House of Representatives

26. Resolutions and Memorials

(b) House concurrent resolutions as well as Senate concurrent resolutions shall be

treated in all respects as bills ...

Rules of the Senate

30. Resolutions and Memorials

(a) (2) Senate concurrent resolutions, as well as House concurrent resolutions,

shall be treated in all respects as bills .... All other provisions of these rules

or the joint rules applying to bills shall also apply to concurrent resolutions.

5.1.6.8 Approval as to Form by Office of Legislative Legal Services

Joint Rule No. 21 provides, in part, as follows:

Joint Rules of the Senate and House of Representatives

21. Bills Which Amend Existing Law

(d) All bills before being introduced shall be submitted to the Office of Legislative

Legal Services for approval as to form pursuant to the provisions of this rule.

Bill drafters in this Office comply with Joint Rule No. 21 when drafting bills. Bills drafted by

outside sources very often do not comply with the rule or the rule is not correctly applied.

When reviewing bills from outside sources, it is the duty of the drafter to apply the rule and

to make other necessary changes as to form and as to citations, capitalization of words, and

so forth.

5.2 SUBSECTIONS, PARAGRAPHS - DEFINITIONS SECTIONS

Subsections, except for definitions, almost always consist of complete sentences. If a section

consists of an introductory clause ending with a colon and followed by a series of numbered

or lettered subdivisions, use a numbered subsection with paragraphs as follows:

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Correct Application:

11-8-105. Pledge of assets. (1) A state bank may pledge its assets to:

(a) Enable it to act as agent for the sale of obligations of the United States;

(b) Secure borrowed funds;

laws of the United States, by the terms of any interstate compact, by the laws of any state,

or by the order of a court of competent jurisdiction;

(d) Otherwise comply with the provisions of this code.

Incorrect Application:

11-8-105. Pledge of assets. A state bank may pledge its assets to:

(1) Enable it to act as agent for the sale of obligations of the United States;

(2) Secure borrowed funds;

(3) Secure deposits when the depositor is required to obtain such security by the

laws of the United States, by the terms of any interstate compact, by the laws of any state,

or by the order of a court of competent jurisdiction;

(4) Otherwise comply with the provisions of this code.

Partial sentences contained in subdivisions following a colon end with a semicolon;

complete sentences in these subdivisions are punctuated with a period. Example:

10-2-907. Required contract provisions - reinsurance intermediary-managers.

(1) Transactions between an RM and the reinsurer such THE RM represents shall only be

entered into . . . The contract shall MUST, at a minimum, contain provisions that incorporate

all of the following:

(a) The reinsurer may terminate the contract for cause upon written notice to the

RM. The reinsurer may suspend . . . the cause for termination.

(b) The RM shall render accounts to the reinsurer accurately detailing all material

transactions, including information necessary to support all commissions, charges, and other

fees received by, or owing to, the RM, and remit all funds due under the contract to the

reinsurer on not less than a monthly basis;

by the RM in a fiduciary capacity in a bank that is a qualified United States financial

institution as defined in section 10-1-102 (17). The RM may retain no more than three

months' estimated claims payments and allocated loss adjustment expenses. The RM shall

maintain a separate bank account for each reinsurer that such THE RM represents.

Definitions sections are slightly different because the introductory portion is not designated

as a subsection. Each definition has a separate subsection number; each subsection ends

with a period, not a semicolon; and the definitions are alphabetized. Note the standard

introductory language for a definitions section: "As used in this title __ [article __, part __,

section], unless the context otherwise requires:". For a definitions section that includes many

different examples, see section 25-7-103, C.R.S. New words are inserted in alphabetical

order, and decimal points (.1 through .9) are used to provide an appropriate subsection

number. If a new word must be inserted before the word that is defined in subsection (1), the

first definition should be stricken with strike type, the new language inserted in its place in

small capital letters, and the original definition should be added as a new subsection, or the

first definition may be repealed and reenacted as a subsection between (1) and (2), for

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example (1.5). See section B.10 of Appendix B of this manual for examples.

The drafter should not include substantive law in a definitions section. Definitions should be

just that - definitions.

Part 4 of article 4 of title 2, C.R.S., includes definitions that apply to every statute. For

example, it is not necessary to define "person" in a new act; section 2-4-401 (8), C.R.S.,

already defines "person", and the definition applies to every statute. If the drafter wants a

different definition for "person", then it is appropriate to redefine "person" in the new act.

5.3 AMENDMENTS OR ADDITIONS TO THE SAME SECTION OR

ARTICLE IN TWO OR MORE BILLS

Sometimes a bill already drafted or introduced amends the same section or adds new

material, identically numbered, as the bill being drafted. If the bills are intended to

accomplish the same result, the drafter may notify the sponsor of the later bill once all issues

of confidentiality have been resolved. The sponsor who requested the later bill may prefer to

introduce an amendment to the bill already drafted or introduced. Beware of title and

single-subject questions in this regard.

The drafter must draft each bill according to the statutes as they exist and not in relation to

another bill that has not yet been enacted even though introduced. If two or more bills

amend the same statutory sections in a manner that may cause a conflict if all of the bills

pass, the Revisor of Statutes notifies the bill sponsors and committee chairs of these

potentially conflicting bills so that the bill sponsors may work with the bill drafters to draft

appropriate amendments. When two or more bills enacted at the same session amend the

same section, the Revisor of Statutes attempts to harmonize the amendments when

preparing the Colorado Revised Statutes. If the amendments are irreconcilable, section

2-4-206, C.R.S., governs which amendment prevails. If two or more bills enacted at the

same session create new statutory subdivisions using the same numbers or letters, the

Revisor of Statutes renumbers the subdivisions as part of the publications process.

Sometimes it is necessary to amend a section that has been amended or enacted in a bill

adopted earlier in the same legislative session. The following are examples of the amending

clauses for this type of amendment:

SECTION 1. In Colorado Revised Statutes, 16-7-403, amend as amended by

House Bill 97-1254 (1) as follows:

SECTION 2. In Colorado Revised Statutes, amend as amended by House Bill

97-1320 17-22.5-304 as follows:

SECTION 3. In Colorado Revised Statutes, 37-90-137 amend as added by Senate

Bill 97-5 (8) as follows:

For additional examples of these types of amending clauses, see section B.16 of appendix B

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of this manual.

Other times, it is necessary to refer in the statute to a bill that has passed during that same

session. To do that, the drafter needs to state the number of the bill and the phrase, "enacted

in _____" and fill in the year. For example:

...THE PRIORITIZED LIST OF PROJECTS TO BE FUNDED BY THE REVENUES

APPROPRIATED FOR SUCH YEAR BY HOUSE BILL 09-1234, ENACTED IN 2009,

SHALL CONSIST ONLY OF...

5.4 RULES OF STATUTORY CONSTRUCTION

Every drafter should read article 4 of title 2, C.R.S., for general rules of statutory

construction. Part 1 explains construction of words and phrases; part 2 concerns

construction of statutes; part 3 deals with amendatory statutes; and part 4 includes

definitions. In addition, drafters should read section 2-5-113, C.R.S., concerning the effect of

the enactment of Colorado Revised Statutes 1973 and the use of editorial material in

construing statutes.

Drafters should become familiar with "Sutherland Statutes and Statutory Construction". It is

a good source of information and commentary concerning issues such as Legislative Power,

Legislative Organization and Procedure, Legislative Form and Mode, Legislative Ability,

Statutory Interpretation, and Application of the Rules of Statutory Construction in Selected

Areas of Substantive Law. A set of Sutherland's is available in the copy room by the

Business Team.

Finally, drafters are encouraged to read the articles published on LegiSource concerning

statutory construction. These articles are available by searching LegiSource using the key

term "statutory construction".

5.5 INADVERTENT OMISSIONS FROM EXISTING LAW

When drafting a bill, the drafter should never type the existing law into the bill. Rather, the

drafter should use the alt-M macro to retrieve an existing statute from the Office's official

database for the bill draft. And even in using the macro, the drafter should check the printed

statutes to be sure all of the pertinent subdivisions of a statutory section were copied into the

bill, especially the introductory portions to subsections, paragraphs, and subparagraphs.

Omitting any portion of an existing statute that is identified in an amending clause as being

changed presents a serious problem. If the bill is challenged, a court may construe as

repealed any wording omitted from an existing statute that is being amended. The legislative

editors will usually catch the omission in proofreading the final bill for introduction, but it is

still extremely important that the drafter check each draft against existing law as to the

inclusion or other disposition of all provisions of the law that is being amended. This is

particularly important in reviewing a bill draft prepared by an outside source. The drafter

should never rely on a document prepared by an outside source as being an accurate record

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of existing law. The drafter should retrieve the existing law from the Office's database, and

the legislative editor should proof the bill draft against the actual statute.

The drafter can inadvertently omit language if the amending clause is inaccurate. The

amending clause must identify specifically the statute or part of the statute to be amended.

The following example illustrates how easily this very serious error can be made:

SECTION 1. In Colorado Revised Statutes, 22-14-106, amend (1) as follows:

22-14-106. Local education provider practices assessment - technical assistance

- rules. (1) (a) Each high priority and priority local education provider shall MAY conduct

a practices assessment as described in subsection (2) of this section. Each high priority and

priority local education provider's practices assessment, shall IF CONDUCTED, MUST consider

community partnerships with state and local government agencies and community-based

organizations and current practices and policies as they relate to different types of dropout

students or students at risk of dropping out.

Section 22-14-106 (1), C.R.S., in existing law has four paragraphs lettered (a) through (d). In

the draft, only subsection (1)(a) is amended and the remaining paragraphs are omitted

entirely, although the amending clause states that all of (1) is to be amended. If this

amendment was enacted as drafted, subsections (1)(b) through (1)(d) of the existing law

could be lost entirely. The amending clause should have stated that 22-14-106 (1)(a) was to

be amended.

The drafter should not rely on the legislative editors proofing a bill to find and correct these

types of errors. Instead, each drafter should be certain to identify specifically the statutory

subdivision being amended and check the copy carefully to see that none of the existing law

has been omitted.

5.6 INTERNAL REFERENCES

5.6.1 References to Colorado Revised Statutes

In amending and repealing clauses, bill titles, and other nonstatutory provisions, except

appropriation clauses, cite the Colorado Revised Statutes as "Colorado Revised Statutes". In

appropriation clauses, use the abbreviation "C.R.S." when referring to the Colorado Revised

Statutes. See section 24-75-112.5, C.R.S.

Before 2017, when referring to the Colorado Revised Statutes in the body of a statute, the

abbreviation "C.R.S." was used when referring to a statutory provision not located in the

same title as the section containing the reference. Starting in 2017, references to statutory

provisions within the statutes should not use "C.R.S." whether the reference is within the

same title or not. When referencing a statute section in the text of another statute, refer, for

example, to "section 5-6-301". However, in an amending clause, omit the word "section".

When citing a Colorado statute by using its short title, use quotation marks around the short

title and include as part of the citation the appropriate part, article, and title of the statute.

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For example:

... the "Colorado Auto Accident Reparations Act", part 7 of article 4 of title 10.

5.6.2 References to C.R.S. Section Subdivisions

Before 2017, references to a subsection, paragraph, subparagraph, or sub-subparagraph

within the same C.R.S. section were given in a long format. For example:

paragraph (a) of subsection (1) of this section

paragraph (a) of this subsection (1)

subparagraph (I) of paragraph (e) of subsection (1) of this section

sub-subparagraph (B) of this subparagraph (I)

Starting in 2017, when referencing a subsection, paragraph, subparagraph, or

sub-subparagraph within the same C.R.S. section, write the references in a shorter format.

For example:

Same subsection this subsection (1)

Same paragraph this subsection (2)(g)

Same subparagraph this subsection (4)(i)(III)

Same sub-subparagraph this subsection (3)(b)(V)(C)

Different subsection subsection (3) of this section

Different paragraph subsection (5)(d) of this section

Different subparagraph subsection (1)(f)(II) of this section

Different sub-subparagraph subsection (6)(c)(I)(A) of this section

When making references within a different C.R.S. section, cite the section in its entirety with

the specific subsection, paragraph, subparagraph, or sub-subparagraph placed after the

section number. For example: "section 39-3-101 (1)(a)," "section 39-3-101 (1)(e)(I)," or

"section 39-3-101 (1)(g)(I)(B)."

The changes to internal references specified in sections 5.6.1. and 5.6.2. implemented in

2017 are prospective. The drafter should update existing internal references that are written

in the old format at the drafter's discretion only through bills and not on revision.

5.6.3 References to Federal Law

Consistent with references to short titles of Colorado acts, place references to short titles of

federal acts in quotation marks and capitalize them wherever the official short title includes

capital letters, e.g., "section 602 of the federal "Social Security Act"," or "section 4 of the

"Federal Hazardous Substances Act"". A federal act usually has the first letter of each word

capitalized, and it should be quoted if it is the proper title of the act. Whenever possible,

include the citations for the federal act. The popular name table in the final index volume of

the U.S. Code Annotated is extremely useful in finding the exact short title of a federal act.

The word "Title" as used in a reference to a federal act is also capitalized and its number

appears in roman numerals, for example: "Title XIX of the federal "Social Security Act"".

Do not capitalize the word "section". References to federal law found in the U.S. Code take

the following form: "42 U.S.C. sec. 1315". References to federal public laws can be written

either as "Federal Public Law 92-603" or as "federal "Superfund Amendments

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Reauthorization Act of 1986", Pub.L. 99-499, 100 Stat. 1613 (1986)". If the sponsor's

intention is to include future amendments to the federal law in the citation, the phrase "as

amended", is preferable to the phrases "and amendments thereto" or "as from time to time

amended".

5.6.4 References to Committees of Reference

When referring to a committee of reference in a bill or a resolution, the drafter should use

the correct name of the committee followed by the phrase "or any successor committee."

This is necessary to avoid inaccurate references in the statutes if the General Assembly

changes the name of the committee. For example, "The report shall be submitted to the

business affairs and labor committee of the house of representatives, or any successor

committee, and the business, labor and technology committee of the senate, or any successor

committee." If the committee of reference is a statutorily created committee like the joint

budget committee or legislative audit committee, use the statutorily given name and do not

include the successor committee phrase.

5.7 GRAMMAR, STYLE, AND USE OF PLAIN LANGUAGE

This manual does not attempt to educate the drafter thoroughly in grammatical construction

or punctuation in writing bills. Numerous legislative manuals of other states and a textbook

titled "Legislative Drafting" by Reed Dickerson discuss rules of grammatical construction

and word usage in great detail. These manuals and textbook are available in the Office for

any drafter who wishes to become more familiar with practices followed in well-worded and

well-constructed legislation. Basically, the fundamental rules of grammatical construction

used in composition apply to statutory drafting. In addition, section 2-2-801, C.R.S.,

requires bills and amendments to be drafted in plain language. To avoid confusion and

duplication, the guidelines on the use of plain language and the principles of grammar and

style are consolidated in this Chapter.

Section 2-2-801, C.R.S., directs the staff of the Office and others to draft bills and

amendments in plain, nontechnical language:

2-2-801. Plain language requirement in state laws. Any person, including

members of the general assembly and employees of each house of the general assembly, the

office of legislative legal services, the legislative council staff, and the staff of the joint

budget committee, shall ensure that, to the extent possible, all bills and amendments to bills

prepared or proposed by such person are written in plain, nontechnical language and in a

clear and coherent manner using words with common and everyday meaning which are

understandable to the average reader. Enactment of a bill by the general assembly shall

create a presumption that such bill conforms to this section. (Emphasis added.)

In addition, section 1-40-105 (1), C.R.S., provides similar requirements for initiatives:

1-40-105. Filing procedure - review and comment - amendments - filing with

secretary of state. (1) The original typewritten draft of every initiative petition for a

proposed law or amendment to the state constitution to be enacted by the people, before it

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is signed by any elector, shall be submitted by the proponents of the petition to the directors

of the legislative council and the office of legislative legal services for review and comment.

Proponents are encouraged to write such drafts in plain, nontechnical language and in a

clear and coherent manner using words with common and everyday meaning which are

understandable to the average reader. Upon request, any agency in the executive

department shall assist in reviewing and preparing comments on the petition. No later than

two weeks after the date of submission of the original draft, unless it is withdrawn by the

proponents, the directors of the legislative council and the office of legislative legal services,

or their designees, shall render their comments to the proponents of the petition concerning

the format or contents of the petition at a meeting open to the public. Where appropriate,

such comments shall also contain suggested editorial changes to promote compliance with

the plain language provisions of this section. Except with the permission of the proponents,

the comments shall not be disclosed to any person other than the proponents prior to the

public meeting with the proponents of the petition. (Emphases added.)

5.7.1 Guidelines for the Use of Plain Language and Principles of

Grammar and Style

In drafting bills and amendments, drafters should consider the following guidelines to ensure

that the written product is written in plain language and uses proper grammar:

1. The meaning of statutes should be clear and easily understood.

All of the concepts presented here are directed toward making the statutes clear in meaning

and understandable to the public.

2. Use proper grammar and follow the drafting manual requirements - use standard

English.

3. Use simple sentences and use simple words.

For example, "A violation of this act is a misdemeanor" is preferable to "A violation of this

act constitutes a misdemeanor".

4. Be brief, but not to the extent that clarity is lost. Draft short sections, subsections,

and paragraphs, and use short and simple sentences wherever possible.

Generally, the shorter a bill can be drafted, the better; but the drafter should not become so intent

on brevity that the drafter does not adequately treat all necessary requirements. For example,

a drafter once wrote that "Absentee voting shall be permitted in the election provided for in

this act" but set up no procedure as to how the absentee voting would be handled. The

drafter should have outlined a detailed procedure for absentee voting or, better still, referred

to and adopted the specific procedure used for absentee voting in an election law already on

the statute books that was adaptable to the bill.

5. Use the structure of the statutes to assist in clarifying a sentence.

A sentence that is lengthy or difficult to follow may be made clear through the proper use of

subdivisions in the statutes.

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After the 2011 legislative session, the Office revised its drafting guidelines pertaining to verb

tense, active voice, and the use of authority verbs. See paragraphs 6, 7, and 8. These

guidelines emphasize writing in active voice, writing in present tense, and more consistent

use of the authority verbs "shall", "shall not", "may", and "need not". In applying the

guidelines in paragraphs 6, 7, and 8 to existing statutes, the drafter needs to use caution and

discretion. The drafter will find many examples of existing statutes that do not follow these

guidelines. The context of the statute or how much of the statute is being amended in the bill

may indicate that strict conformity with these guidelines is inappropriate. The drafter should

retain passive voice in a statute if the actor's identity is unknown or there are numerous

actors and it would be difficult to determine the proper actor, applying the test provided in

paragraph 6. In addition, some bill sponsors do not like to make "clean-up" changes to

existing statutes in their bills. See the "Guidelines for When to Update Statutes Regarding

The Present Tense, Active Voice, and Authority Verbs" and "Guidelines for the Use of

'Shall' and 'Must'" in Appendix F.

6. Use the active voice in sentences.

Whenever possible, write sentences that clearly identify the actor of the sentence, and use

the active voice to make that actor take the action specified in the sentence.

Passive voice (actor absent): A notice shall be mailed to the parties within fifteen days

after issuance of an order.

Active voice (actor present): The commission shall mail a notice to the parties within

fifteen days after issuance of an order.

Passive voice: I was hit by the dodgeball.

Active voice: The dodgeball hit me.

Passive voice: A permit shall be issued by the state engineer.

Active voice: The state engineer shall issue a permit.

Passive voice: Prescribed forms may be furnished by the county clerk and recorder.

Active voice: The county clerk and recorder may furnish prescribed forms.

7. Provisions should generally be stated in the present tense. Avoid use of the future

tense.

Statutes operate in the continuing present; they tell the reader what must, cannot, may, and

need not be done at the time the statute is applied. Under Colorado's statutory rules of

statutory construction, "words in the present tense include the future tense."

(Section 2-4-104, C.R.S.)

Future tense: Beginning January 1, 2025, the penalty for any violation of this section

shall be one hundred dollars.

Present tense: Beginning January 1, 2025, the penalty for any violation of this section

is one hundred dollars.

Future tense: After the parties both eliminate one of the three nominees, the

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remaining doctor will become the independent medical examiner.

Present tense: After the parties both eliminate one of the three nominees, the

remaining doctor becomes the independent medical examiner.

8. Use of authority verbs to mandate, permit, prohibit, or impose conditions.

Authority verbs are those verbs that:

! Mandate;

! Prohibit;

! Permit; or

! Impose conditions.

Examples of authority verbs are "shall", "must", "may", and "need".

In legal drafting, words such as "shall", "must", and "may" are at times ambiguous, because

each could have multiple, possibly conflicting meanings. When a word takes on too many

meanings, it becomes useless to the drafter. To avoid this result, consistently use these words

as indicated in this section and in accordance with section 2-4-401, C.R.S., and the

legislative declaration stated in House Bill 13-1029. See "Guidelines for the Use of 'Shall'

and 'Must'" in Appendix F of this manual.

The following test will help the drafter determine whether an authority verb is used

correctly. If the words in quotes from the right-hand column below convey the intended

meaning, then use the word or words from the left-hand column.

shall = a person "has a duty to" (but see paragraph (a)(i)(C) below

regarding the passive voice)

shall not = a person "has no authority to", "has a duty to not", or "is not

permitted to"

may = a thing or person "is permitted to" or a person "has discretion

to" or "has authority to"

must = a thing or person "is required to" meet a condition for a

consequence to apply. "Must" does not mean that a person has

a duty.

need not = a condition "is not required to" be met by a thing or person

Also, when applying this test, the drafter needs to remember that the definition of "person"

in section 2-4-401 (8), C.R.S., is "any individual, corporation, government or governmental

subdivision or agency, business trust, estate, trust, limited liability company, partnership,

association, or other legal entity". This definition applies by default to every statute, unless

the applicable statutes contain a more specific definition of "person".

(a) Shall. Use "shall" to impose a duty on a person. "Will", "must", and "should" should not

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be used as a substitute for "shall".

Avoid: The state engineer will administer the laws of the state relating to water.

Write: The state engineer shall administer the laws of the state relating to water.

Avoid: The clerk may notify an elector whose name has been purged from the

registration records of that fact.

Write: The clerk shall notify an elector whose name has been purged from the

registration records of that fact.

Avoid: A candidate shall reside in the district.

Write: Only a person who resides in the district is qualified to be a candidate.

Avoid: The board shall not include more than one member from a single

congressional district.

Write: The governor shall not appoint more than one member from a single

congressional district to the board.

Avoid: An eligible grantee shall not have an income above the federal poverty line.

Write: Only a person whose income does not exceed the federal poverty line is

eligible as a grantee.

(I) Avoid using "shall":

(A) To state a legal fact or result. A common problem in legislative drafting is that the word

"shall" is often used to indicate a legal result rather than a command. This is known as a

"false imperative". An example of this usage of "shall" is the following:

False imperative: The advisory committee shall consist of the director, the

administrator, and the executive director.

Alternatives: The advisory committee consists of the director, the

administrator, and the executive director.

The members of the advisory committee are the director, the

administrator, and the executive director.

Avoid: As used in this section, "commission" shall mean . . .

Write: As used in this section "commission" means . . .

Avoid: This section shall not apply to offenses committed . . .

Write: This section does not apply to offenses committed . . .

Avoid: A person shall be deemed to be liable if . . .

Write: A person is liable if . . .

See Duprey v. Anderson, 518 P.2d 807 (Colo. 1974) (due process requires notice, so the court held "may"

means "shall").

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(B) To confer a right. "Shall" implies a duty to enjoy the right.

Avoid: The director shall receive one thousand dollars per year.

Write: The compensation for the office of director is one thousand dollars per year.

using the passive voice, because the actors are unknown, unmistakable, or too numerous to

list, and the context indicates a legislative intent that a person has a duty, use "shall", not

"must", even though the subject of the sentence is a thing. For example:

The votes must be recorded within twenty-four hours after being cast. This implies that a

machine automatically records the votes, or at least that no person has a duty to record the

votes.

The votes shall be recorded within twenty-four hours after being cast. This implies that a

person records the votes and has a duty to do so.

Avoid: The fee must be paid within twenty days.

Write: The fee shall be paid within twenty days.

Avoid: The revenues must be allocated to the division.

Write: The revenues shall be allocated to the division.

(D) To indicate a future occurrence. See section 5.7.1.7 for the rule concerning use of the present

tense.

(II) When using "shall" to mandate an action in which the outcome is in the discretion of the

actor, include alternative actions the actor may take:

Avoid: The commissioner shall approve an application within thirty days.

Write: The commissioner shall approve or deny an application within thirty days.

(b) (I) Shall not. Avoid the use of "may not" to prohibit because it could be interpreted to

refer to an improbable or unnecessary action rather than a prohibited one. Instead, use "shall

not" to prohibit or deny authority or to impose an affirmative duty not to act with regard to a

person.

Avoid: The director may not consider comments submitted after the deadline.

Write: The director shall not consider comments submitted after the deadline.

Avoid: The board has no authority to award a grant to an unqualified applicant.

Write: The board shall not award a grant to an unqualified applicant.

(II) No person shall. With the new definition of "shall", the drafter should avoid using the

phrase "no person shall" in a sentence written in active voice. For example, "No person shall

act..." means, literally, "no person has a duty to act...". This would allow everyone to do the

act specified because "no person" has a duty, implying that the action is discretionary or not

prohibited. That's not what the apparent intent is; indeed, it's the reverse - the drafter

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apparently wants to prohibit the action. To prohibit the action, the drafter should write "A

person shall not act...". Using the test for authority verbs, that means that a person "has a duty

to" not act as specified.

Compare the "no person shall" phrase in a sentence written in the passive voice: "No person

shall be required by the director to...". In this instance, the director does have a duty to not

require anyone to act as specified; that person is not, however, the subject of the sentence.

As usual, it's preferable to write the sentence in the active voice if possible: "The director

shall not require a person to ....".

person.

Avoid: The certificate can include the holder's street address.

Write: The certificate may include the holder's street address.

Avoid: A person has the right to appeal by filing a written notice with the director.

Write: A person may appeal by filing a written notice with the director.

Avoid: The board has authority to promulgate rules.

Write: The board may promulgate rules.

(d) Must. Use "must" or "must not" to impose a condition on a thing or person.

The drafter

should consider whether to explicitly state the consequence of not meeting the condition.

Avoid: The notice of appeal shall contain the following information:

Write: To be effective, the notice of appeal must contain the following information:

Avoid: A candidate shall reside in the district.

Write: To be qualified as a candidate, a person must reside in the district.

Avoid: The board shall not include more than one member from any congressional

district.

Write: For its actions to be valid, the board must not include more than one member

from any congressional district.

Avoid: An eligible grantee shall not have an income above the federal poverty line.

Write: An eligible grantee must not have an income above the federal poverty line.

(e) Need not. Use "need not" to specify that a thing or person is not required to meet a

condition.

Avoid: To be valid, a notice does not need to be sent by registered mail.

Write: To be valid, a notice need not be sent by registered mail.

See Silverview at Overlook, LLC v. Overlook at Mt. Crested Butte LLC, 97 P.3d 252, 255 (Colo. App. 2004) cert.

denied (2004) (in construing a statute that states "The declaration must contain:", the court held that use of the word

"must" "connotes a requirement that is mandatory and not subject to equivocation.")

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Avoid: A person shall not be a resident to qualify as a candidate.

Write: A person need not be a resident to qualify as a candidate.

Avoid: The board shall not be required to have a quorum in order to adjourn.

Write: The board need not have a quorum in order to adjourn.

9. Use the singular instead of the plural wherever possible. Part 1 of article 4 of title 2,

C.R.S., provides in part as follows:

2-4-102. Singular and plural. The singular includes the plural, and the plural

includes the singular.

If the plural must be used in a compound word, the significant word takes the plural:

attorneys-at-law

attorneys general

corporation counsels

deputy sheriffs

grants-in-aid

judge advocates

notaries public

rights-of-way

trade unions

10. Use base verbs.

Nominalization: The commission shall make a determination whether the application is

approved within fifteen days of filing.

Base verb: The commission shall determine whether the application is approved within fifteen

days of filing.

11. Use common words, avoiding technical terms or "legalese". However, terms of art

should be used if they are appropriate.

12. Use the common meanings of words.

Strained meanings for words, even if precisely defined in the statutes, may lead to confusion

or misinterpretation.

13. Avoid redundant phrases.

Examples: Null and void; full and complete; true and correct.

For "null and void" use "void"; for "shall be in force and effect" use "take effect"; and for

"authorized and empowered" use "may".

14. Use only necessary words.

Courts attempt to give meaning to all words in a statute. There shouldn't be any unneeded

words.

For example, the following is too verbose:

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The chief clerk is hereby authorized and it shall be the chief clerk's duty to sign and

approve every order that may be issued by the commission, and the chief clerk shall have

every such order published as provided for in this article 4.

A more concise and direct statement follows:

The chief clerk shall sign every order of the commission and have the order

published as required by section X-X-XXX.

15. Avoid the use of archaic terms.

For example, words like "whomsoever" or "aforementioned". In short, never use a "big"

word when a simple word will do.

16. Be consistent in the choice of words, both in the bill and throughout the law.

Check to see what terms are already used in the statutes, the constitution, or the rules.

If a word or phrase is defined in a definitions section, the drafter should use the word or

phrase exactly as defined and only when the meaning given by the definition is intended. If

the drafter intends a contrary meaning, the drafter must state the contrary meaning

specifically.

17. Be consistent when using official titles.

For example, don't refer to the "state highway engineer" in one sentence and to the "chief

engineer" in another. Always check the official title of an officer, department, agency,

institution, or other entity in the statutes and use the correct title either in full or, after using

it once in its complete form, provide for its use in a shorter form by so stating in the bill. The

latter may be done by definition or by a clause similar to the following: "The department of

natural resources, referred to in this article 6 as the "department", shall...."

18. Be consistent when using ordinary words.

For example, don't use "minor" in one sentence and "child" in another. Using synonyms

does not add variety, only confusion.

19. Do not use provisos.

A proviso contains the words "provided that", "provided, however, that", or "provided

further, that" before a sentence or clause, usually to state an exception to the preceding

sentence or clause. The best practice in bill drafting is to avoid using provisos altogether. The

proviso originally was used in conveying real property and was a reservation on the grant -

the sole purpose of the reservation being to defeat the grant upon the happening of a

condition subsequent. In statutory drafting, provisos have most often been used to make

exceptions to preceding provisions and are sometimes improperly used to present extraneous

ideas not connected with a preceding provision. In legislation, to make a simple exception to

a preceding provision, use words such as "but", "except that", "if", or "so long as". If a

provision is subject to numerous exceptions or conditions, place those exceptions or

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conditions in a separate section or subsection for clarity.

Example: An application for a concealed weapon shall be approved provided that the

applicant has not been convicted of more than five homicides.

Suggestion: An application for a concealed weapon shall be approved if (so long as) the

applicant has not been convicted of more than five homicides.

20. If possible, express provisions positively rather than negatively.

Examples:

Negative: The commission may not reject a renewal application if the application is complete

and the applicant has not been convicted of any crime specified in section 18-1.3-401.

Positive: The commission shall approve a renewal application if the application is complete

and the applicant has not been convicted of any crime specified in section 18-1.3-401.

21. Do not use or retain references to outdated terms.

Be alert for references to outdated terms, such as references to the civil service or the tax

commission; refer instead to the state personnel system or the property tax administrator.

Certain writs have been abolished in connection with supreme court review; the preferred

language is "subject to appellate review as provided by law and the Colorado appellate

rules". Also watch for the allocation of legislative duties to the lieutenant governor, the

president of the senate, and the majority leader of the senate, which were changed by

constitutional amendment adopted in 1974.

22. Do not use "herein", "heretofore", "above", or other similar words.

These are imprecise references to the statutes, dates, or other matters. Refer instead to the

particular statutory material, e.g., "the air pollution control commission, referred to in this

article __ [not, "herein"] as the "commission", shall...", or to the date, e.g., "all persons

licensed before July 1, 1988", [not, "heretofore"]. When the reference is to the date an act

takes effect and that date will be the date of the act's passage rather than a date specified in

the act, in the case of new material, refer to "On or after the effective date of this article __

[part __, section, etc.]". When existing statutory material is amended, refer to "On or after

the effective date of this article __ [part __, section, etc.], as amended,...." "If the board

consists of three commissioners, they must be elected as provided in subsection (2) of this

section [not, "above"] ...."

23. Use the words "and" and "or" as follows:

Use the word "and" to connect two or more phrases, conditions, events, etc., all of which

must occur. Use the word "or" to connect two or more phrases, events, conditions, etc.,

when only one or more, but not all, need occur. Never use the phrase "and/or". Instead of

using "and/or", use "A or B or both".

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For example: The penalty for conviction of a provision of this section is six months

imprisonment, a five hundred dollar fine, or both.

Whether to use an "and" or an "or" at the end of the second-to-last paragraph in a series of

paragraphs under an introductory portion often depends on what the introductory portion

states. If the introductory portion states "all of the following" or "the following matters", it is

clear that all of the items listed in the series of paragraphs must be followed. In that instance,

the "and" should be used in drafting a new series or if it is missing in an existing statute it is

implied. If the introductory portion states "any one of the following", the "or" should be used

in drafting a new series. If the introductory portion of an existing statute states "any one of

the following", and the "or" is missing in the series, the "or" is implied.

Use an "and" or an "or" at the end of the second-to-last paragraph in a series of paragraphs

under an introductory portion when the paragraphs are not complete sentences. If the

second-to-last paragraph has more than one sentence or is a complete sentence that should

end with a period, "and" or "or" cannot be used. In this case, the introductory portion should

be amended to specify whether all, one, or some of the paragraphs are required.

When drafting a new series, the drafter should use the "and" or "or" in the series, as

described, depending on the language in the introductory portion. Many times in bill

drafting, the drafter will need to amend a statute with an existing series to add another item

to the series. Depending on the language in the introductory portion, the drafter may need to

amend the existing statute in the bill to add the missing "and" or "or" in the appropriate

location. If the drafter adds a new paragraph or item to the end of the series and the existing

statute already has an "and" or "or", the drafter should strike the existing "and" or "or" from

the statute and add it following the second-to-last final paragraph or item in the series in the

statute. It is always best to address the "and" or "or" in the series when drafting the bill.

However, because the amending process can be rushed and an existing "and" or "or" in the

wrong location in the series may get overlooked, the Office Publications Team has

developed a category of revision change to fix this problem through revision. On revision,

the Office Publications Team, may move an "and" or "or" in a series to the second-to-last

paragraph where it is obvious that the existing "and" or "or" should have been stricken and

amended in the process of adding items to the series. However, the Office Publications

Team will not add an "and" or "or" to a statute on revision where one never existed in the

statute.

24. Do not repeat the same statutory requirement in different places the statutes.

At times there are attempts to put the same statutory requirement in more than one place in

the statutes rather than enacting the provision once and providing cross references when

necessary. Multiple expressions of the same statutory requirements may cause confusion if

the multiple provisions aren't worded exactly the same. In addition, there is the possibility

that future legislation may inadvertently change some but not all of the provisions.

25. Express numbers as follows:

In substantive law, express numbers in words. For example: "A provider shall file a surety

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bond in the sum of five thousand dollars."Also, do not use the abbreviated or slang

references to numbers. For example, write "one thousand six hundred pounds" but not

"sixteen hundred pounds".

In appropriations bills or appropriation sections, express numbers only in figures: "For the

2019-20 state fiscal year, $40,291 is appropriated to the department of public safety...".

In bill summaries, use figures to express numbers, with the exception of the number "one",

which should be spelled out. For example, write "the penalty for violating the prohibition is

increased from one to 2 years in prison."

26. Express dates as follows:

! July 1, 2000;

! Beginning July 1, 2000, and ending June 30, 2001; or

! The license must be renewed before July 1 of each year.

27. Express time intervals for court filings or agency filings in multiples of seven.

To avoid questions when pleadings are due to be filed by a Saturday or Sunday, the

Colorado Supreme Court rules require all time intervals be expressed in multiples of seven.

In 2012, 2013, and 2014, the General Assembly adopted bills changing time intervals for

court filings or agency filings in statute to multiples of seven.

In drafting a bill that establishes a number of days by which something must be filed with a

court or with an agency, the drafter should specify the number of days as a multiple of seven.

For example: "If either party in a civil action believes that the judgment of the county court

is in error, he or she may appeal to the district court by filing notice of appeal in the county

court within fourteen days after the date of entry of judgment and by filing within the said

fourteen days an appeal bond with the clerk of the county court."

28. Express time as follows:

! 12 noon or 12 midnight;

! 9 a.m. or 2 p.m.;

! 1:00 P.M. - NOT 1 P.M. Only with the figure "1" use a colon and 00.

29. Express age as follows:

Use "years of age", not "years old".

Example: "twenty-one years of age"

The following examples show how to express age ranges for clarity and preciseness in order

to include or exclude the intended ages.

To express a lower age limit, but no upper limit:

Example: "Persons who are twenty-one years of age or older"

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To express an upper age limit but no lower age limit, the limit should exclude the age that is

over the upper limit:

Example: "A person who is under twenty-five years of age" (people who are twenty-five

years of age are not included) rather than "A person who is twenty-four years of age

and under" (it is unclear whether people who are twenty-four years of age are

included for the entire year they are twenty-four).

To express both a lower and an upper age limit, combine the examples for upper and lower

limits:

Example: "Persons who are eighteen years of age or older but under twenty-one years of age"

(the range includes people who are eighteen but not people who are twenty-one and

over).

30. Use of the words "to" and "through".

Use the connecting word "to" to include the first and last items and the intervening sections

specified in a succession of statutory sections or subdivisions (subsections, paragraphs, etc.,)

of a statute. This is pursuant to section 2-4-113, C.R.S., which provides that a reference to

several statutory sections in succession includes the intervening sections as well as both

sections mentioned. However, when referencing a succession of numbers, dates, letters, etc.,

use the connecting word "through" to include the last item mentioned. Express age as

indicated in section 5.7.1.29.

! In subsections (1) to (9) of this section;

! From July 1, 2020, through July 30, 2020.

31. Verify that a prepositional word or phrase encompasses all of the numbers, dates, or

items intended to be included by its use.

For example, "persons licensed before July 1, 2000, and after said date" does not provide for

persons licensed on July 1, 2000. Use of the prepositions "on" and "after" would have

accomplished the inclusion of persons licensed on July 1, 2000. This caution is especially

applicable to numerical tables or categories.

32. Don't use the terms "handicap", "physically handicapped", "the handicapped" or

other similar words.

In 1993, the General Assembly passed SB 93-242 to change the terminology used in the

Colorado Revised Statutes for referring to persons with disabilities in order to be consistent

with the federal "Americans With Disabilities Act". The drafter should use terms consistent

with SB 93-242. In general, rather than saying "the handicapped" or "handicapped persons",

the preferred term is "person with a disability" or "persons with disabilities". Rather than

saying that a person has a "handicap", state that the person has a "disability".

33. Use "people first" language when describing people with disabilities.

In 2010, the General Assembly enacted section 2-2-802, C.R.S., requiring the use of "people

first" language in the Colorado Revised Statutes. Examples of people first language include,

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but are not limited to: Persons with disabilities, persons with developmental disabilities,

persons with mental illness, and persons with autism. Drafters should use terms consistent

with section 2-2-802, C.R.S., and avoid terminology that equates persons with their

condition, such as "epileptics", "autistics", or "quadriplegics". Drafters should also avoid

disrespectful, insensitive, or outdated terms such as "mentally retarded" and instead use

terms such as "persons with intellectual disabilities." The expectation is that people first

language also applies to terms beyond people or persons. Instead of referring to "seriously

mentally ill offenders" the term should be "offenders who are seriously mentally ill".

Depending on the context, it could also apply to terms like defendant, petitioner, applicant,

or taxpayer.

34. Do not use "any", "each", "all", or "some" if it's possible to use "a", "an", or "the"

with the same result.

35. If possible, use finite verbs rather than their corresponding participles, infinitives,

gerunds, or other noun or adjective forms.

Do not say "give consideration to", say "consider". Do not say "is applicable to", say

"applies".

36. Use "that" and "which" correctly.

Use "that" for a restrictive clause and "which" for a nonrestrictive clause.

"That" indicates a restrictive clause that restricts and defines the word modified and that is

necessary to identify the word modified. A restrictive word, clause, or phrase is necessary to

the meaning of a sentence and is not set off by commas.

Example restrictive clause: The court shall retain the weapon that was used in the

alleged offense until the conclusion of the trial.

"Which" indicates a nonrestrictive clause that does not restrict the word modified and that

provides additional or descriptive information about the word modified. A nonrestrictive

word, clause, or phrase is not essential to the meaning of a sentence and is set off by

commas.

Example nonrestrictive clause: The commission shall establish the hearing date, which

may be changed upon the request of either party.

37. Avoid gender-specific terms.

See section 5.8 of this Chapter on gender-neutral language.

38. Watch for problems related to particular words that are frequently confused or

misused.

See the Glossary of Words and Phrases Frequently Misused in section 5.11 of this Chapter.

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39. Be careful about problems caused by the rule of the last antecedent.

The rule of the last antecedent is a rule of grammar that bedevils drafters. It presumes that

referential and qualifying words and phrases refer only to the last antecedent clause in a

series immediately preceding the qualifying words or phrase. Another way to think about it

is that, if there's a list, a modifier that follows the list only applies to the last item of the list.

In 1981, the General Assembly repudiated this rule by passing section 2-4-214, C.R.S.:

2-4-214. Use of relative and qualifying words and phrases. The general assembly

hereby finds and declares that the rule of statutory construction expressed in the Colorado

supreme court decision entitled People v. McPherson, 200 Colo. 429, 619 P.2d 38 (1980),

which holds that "...relative and qualifying words and phrases, where no contrary intention

appears, are construed to refer solely to the last antecedent with which they are closely

connected..." has not been adopted by the general assembly and does not create any

presumption of statutory intent.

But be careful because the Colorado supreme court in People v. O'Neal, 228 P.3d 211 (Colo.

App. 2009) held that the change in the statute repudiating the rule of the last antecedent was

prospective only. So the last antecedent rule does apply to statutes enacted before section

2-4-214, C.R.S., was enacted. In People v. O'Neal, the court was interpreting the definition of

"firearm" in the Colorado Criminal Code in section 18-1-901 (3)(h), C.R.S., which had been

enacted before section 2-4-214, C.R.S. The definition in question read:

... "firearm" means any handgun, automatic revolver, pistol, rifle, shotgun, or other

instrument or device capable or intended to be capable of discharging bullets, cartridges, or

other explosive charges.

Applying the rule of the last antecedent to this statute, the Court held that the qualifying

phrase "capable or intended to be capable of discharging bullets, cartridges, or other

explosive charges" was only intended to modify the last general item in the series "other

instrument or device". It did not modify handgun, automatic revolver, pistol, rifle, or

shotgun.

The best advice to avoid this ambiguity is to rewrite the sentence to avoid the problem. Here

are some suggestions:

! If the qualifier only applies to one item, change the order of the items in

the list.

In the following provision, if only the eggs need to be green:

Avoid: "To get dessert, you must eat ham and eggs that are green."

Write: "To get dessert, you must eat eggs that are green and ham."

Make it extra clear by breaking it up:

"To get dessert, you must eat the following:

(1) Eggs that are green; and

(2) Ham."

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Also think about qualifiers that are before the list:

Avoid: "To get dessert, you must eat green eggs and ham."

Write: "To get dessert, you must eat ham and green eggs."

! If the qualifier applies to each item in the list, use "each of the following"

(or a similar phrase to introduce the list.

In the following provision, if each item needs to be green:

Avoid: "To get dessert, you must eat ham and eggs that are green."

Write: "To get dessert, you must eat each of the following that are green: ham and

eggs."

Again, break it up:

"To get dessert, you must eat each of the following that are green:

(1) Eggs; and

(2) Ham."

! Or repeat the qualifier.

If the second suggestion does not work, the drafter can repeat the qualifier each time:

Avoid: "To get dessert, you must eat green eggs and ham."

Write: "To get dessert, you must eat green eggs and green ham."

! Simplify the list.

Is a list necessary? Take the phrase "sale and transfer". Black's Law Dictionary, 7th edition,

p. 1503, explains that the word "transfer" "embraces every method - direct and indirect,

absolute or conditional, voluntary or involuntary - of disposing or parting with property or

an interest in property." In other words, it's every way a person can stop owning something.

And a person can stop owning something by selling it:

Avoid: "You shall not sell or transfer to a family member green eggs."

Write: "You shall not transfer to a family member green eggs."

! If necessary, repeat the preposition.

It's best to avoid a qualifier after a list, but this can be nearly impossible. An example might

be a sentence that uses one list to modify another list. If the lists cannot be simplified, one

option is to repeat the preposition. This at least points the court in the right direction:

Avoid: "To get dessert, you must eat eggs and ham of greenness."

Write: "To get dessert, you must eat eggs of and ham of greenness."

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5.8 GENDER-NEUTRAL LANGUAGE

The Executive Committee of the Legislative Council has directed that gender-neutral

language be used for all legislative measures. The Committee on Legal Services has formally

approved guidelines for the use of gender-neutral language. The guidelines are summarized

in this section.

The directive provides that "All bills, amendments, resolutions, memorials, and proposals

for legislation to be introduced in the General Assembly shall use gender-neutral style,

avoiding male or female gender terms except in those instances in which a gender-specific

term is applicable only to members of one sex or in instances where an exemption is

provided for in guidelines or standards." The directive states that the use of or failure to use

gender-neutral language does not prevent a legislator from offering a measure or an

amendment. If the drafter has a question about specific language or about the application of

the guidelines, the drafter should discuss the matter with the member sponsoring the

measure or amendment.

5.8.1 General Considerations and Cautions

When changing language to make it gender-neutral, the drafter should never sacrifice clarity

or intent. The drafter should make every effort to follow accepted principles of grammar,

punctuation, and usage and any applicable rules of statutory construction.

The drafter may exercise considerable discretion in selecting alternatives for gender-specific

language when drafting nonstatutory measures and new bodies of law. However, when the

length of the new material is relatively short, the drafter should use caution. Generally, the

drafter may use gender-neutral language in a new or repealed and reenacted article of

C.R.S., but using it in a new section or subsection may create conflicts with existing

provisions not being amended. Therefore, if the drafter adds a new provision to existing law,

the drafter should check the portions not being amended to assure that the gender-neutral

language is consistent or compatible with those unamended portions. For example, if an

article contains a general definitions section defining the term "policeman" and the drafter

adds a new section to the article that uses the gender-neutral alternative of "police officer",

an ambiguity could result.

The drafter should also be careful when amending an existing statute. For example, if the

drafter amends a specific subsection of an existing statute by adding feminine pronouns to

existing masculine pronouns to make that subsection gender-neutral, the drafter should

check to ensure that the use of the masculine pronoun in subsections that are unamended

will not result in an erroneous interpretation of the provision. The underlying question the

drafter should consider is whether the changes to gender-neutral language would create an

ambiguity or conflict in the remaining portions of the statute that are not amended.

5.8.2 Avoid the Use of Gender-specific Nouns

The drafter should avoid using nouns that are gender-specific and instead use substitutes that

are generally accepted by recognized authorities on correct English usage. For example,

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"presiding officer" may be substituted for "chairman", but the use of "chairperson" is

discouraged as a substitute because it is not as well accepted.

The following is a list of gender-specific nouns and possible substitutes:

brother, sister sibling

businessman business person, executive, member of the

community, business manager

crewman crew member

daughter, son child, children

draftsman drafter

enlisted man enlisted personnel, enlisted member, enlistee

father, mother parent, parents

female person, individual

fireman firefighter

foreman supervisor

grandfather, grandmother grandparent, grandparents

husband and wife married couple, spouses

mailman mail carrier

male person, individual

man person, human, human being, individual

man hours person hours, hours worked, worker hours

manmade artificial, of human origin, synthetic, manufactured

manpower personnel, workforce, worker, human resources

midshipman cadet

ombudsman ombuds (see https://federalombuds.ed.gov/s/faq)

per man per person

policeman police officer

seaman sailor, crew member

serviceman service member

six-man commission six-member commission

trained manpower trained workforce, staff, personnel

widow, widower surviving spouse

wife, husband spouse

workmen workers, employees

5.8.3 Avoid the Use of Gender-specific Pronouns

The most difficult aspect of drafting measures in gender-neutral language is avoiding

gender-specific pronouns. This manual suggests several alternatives, and some work better

than others in given circumstances. The drafter should evaluate each alternative keeping in

mind that the goal in drafting any measure is to assure clarity and avoid ambiguity. In

general order of preferred use, the alternatives are:

1. Repeat the subject of the sentence or the word that would have been the pronoun's

antecedent reference. In some instances, repeat the possessive noun.

Examples:

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A person shall receive an exemption if he THE PERSON submits an application.

If the director finds cause, he THE DIRECTOR may dismiss the claim.

The applicant shall sign his THE APPLICANT'S name.

The executive director shall issue a report and his THE EXECUTIVE DIRECTOR'S

recommendation.

2. Substitute a noun for the pronoun.

Examples:

If he THE INDIVIDUAL submits an application, it shall be considered.

Each person listed is eligible. He A LISTED PERSON is also entitled to all

ancillary benefits.

3. Omit the pronoun or the phrase that would include the pronoun, if the pronoun or

phrase is not essential.

Examples:

The director shall hold his office until a successor is appointed.

Each employee shall retain the status held by him on the date of his

resignation.

4. Use an article such as "a", "an", "the", or "that" instead of the pronoun.

Examples:

The person shall submit his AN application.

An applicant shall include with his THE application a copy of his THE

APPLICANT'S permit.

5. Restructure or rewrite the sentence to avoid the need for a pronoun.

Examples:

Use a relative clause:

If An applicant WHO has been licensed in another state he shall submit a

verified application.

Use a modifier without an expressed subject:

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If the commissioner finds UPON FINDING that the sampling frequency can be

safely reduced, he THE COMMISSIONER may order it reduced as specified in

subsection (2) of this section.

Remove the nominal:

A person who imports or has in his possession POSSESSES dangerous drugs

commits a class 1 felony.

Use a plural:

A member MEMBERS shall submit his THEIR expense voucher VOUCHERS.

6. Use both the masculine and feminine pronoun.

Examples:

The duties shall be exercised in the name of the director and under his OR HER

direction.

A person shall receive an exemption if he OR SHE submits an application.

Use of both a masculine and feminine pronoun in several clauses in a row can become

verbose and repetitive. In such cases, the drafter should try a different alternative. See the

first example under alternative (1) of this list. The drafter should remember that not

everyone identifies as a male or female, so using the masculine and feminine pronouns is

less inclusive than the alternatives.

5.8.4 Do Not Change Gender-specific Language That Applies to Only

One Sex

Words that denote or connote gender distinctions may be used in a statute that specifically

applies to only one sex. The drafter should be careful to not change gender-specific language

in an existing statute when that statute specifically applies to only one sex.

Example:

10-16-104. Mandatory coverage provisions - definitions - rules. (10) Prostate

cancer screening. (a) All individual and all group sickness and accident insurance policies,

except supplemental policies covering a specified disease or other limited benefit, which are

delivered or issued for delivery within the state by an entity subject to the provisions of part

2 of this article and all individual and group health care service or indemnity contracts

issued by an entity subject to the provisions of part 3 or 4 of this article, as well as any other

group health care coverage offered to residents of this state, shall provide coverage for

annual screening for the early detection of prostate cancer in men over the age of fifty

years and in men over the age of forty years who are in high-risk categories, . . .

Another example not contained in the guidelines that also illustrates this principle is

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contained in section 25.5-3-106, C.R.S., concerning prohibition on the use of public funds

for abortions.

25.5-3-106. No public funds for abortion - exception - definition - repeal. (2) If

every reasonable effort has been made to preserve the lives of a pregnant woman and her

unborn child, then public funds may be used pursuant to this section to pay or reimburse for

necessary medical services....

5.9 PUNCTUATION

1. Follow the accepted rules of punctuation in drafting bills. Although some courts have

held that punctuation is not a part of a statute, punctuation is, of course, necessary, and the

Colorado Supreme Court has, at least on one occasion, interpreted a proposed constitutional

amendment on the basis of punctuation.

2. Always use a comma in a series before a conjunction or a semicolon if clauses of a

series have punctuation within them. For example:

A city, town, county, or city and county shall not require any license in addition to the

license required by this article 10.

3. Place periods and commas inside quotes, unless the punctuation is not a part of the

matter being quoted. In that case, the punctuation is placed outside the quotes. This is

particularly true in amendments to bills. For example, do not place a period inside the

quotation marks when stating a short title to a bill:

The short title of this part 7 is the "Colorado Disaster Emergency Act". (The period is not

a part of the quote.)

4. Punctuation in bills based on a uniform act. See section 12.3.2 in Chapter 12 of this

manual, titled "Guidelines for Drafting Uniform Acts".

5.10 CAPITALIZATION

The Office follows capitalization policies for the Colorado Revised Statutes that are

somewhat different than those found in many English manuals of style. In bills, capital

letters are used sparingly. In the age of typeset printing, capital letters cost more to print, so

the General Assembly avoided capitalizing many types of words commonly used in the

statutes. This practice continues.

Capital letters should not be used for the following:

! The titles of public officers or substitutes for such titles;

In re Senate Concurrent Resolution No. 10, 137 Colo. 491, 328 P.2d 103 (1958).

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Examples: “lieutenant governor”, "the commissioner", or "the director".

! The titles of governmental departments, agencies, institutions, boards, or

funds, or substitutes for such titles;

Examples: "the department", "the university", or "department of health care policy and

financing".

! Laws on a particular subject;

Example: "insurance statutes".

! The words "federal" and "state"; or

! The words "article", "act", "chapter", "section", and "subsection".

Capital letters should be used for the following:

! The first word of a sentence or the first word following a colon;

! The first word of each entry of an enumerated paragraph after a colon;

! The short title of an act;

Example: "Workers' Compensation Act of Colorado".

! The proper name of a place or jurisdiction, so the name of a county, river, or

street, is generally capitalized, but in keeping with the historical practice, the

word "county", "river", or "street" is itself not capitalized;

Examples: "Costilla county", "Colorado river", "Lincoln street", "university of

Colorado", and "Lookout Mountain school for boys".

! The word "God";

! The proper name of a private entity or publication; and

Examples: "Colorado Bar Association", or "The National Fire Code" or the "National

Fire Protection Association".

! Although they are governmental institutions, the names of military branches.

Examples: "Marine Corps", "Army", "Navy", "National Guard", or "Air Force".

Before 2015, the Office did not capitalize the names of private entities. So when looking at

the Colorado Revised Statutes, the drafter may see the names of entities that have not been

capitalized. But now the Office capitalizes these names. If the drafter is already amending

the statute, the drafter may capitalize these existing names. However, changes to

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capitalization in the Colorado Revised Statutes are to be made prospectively, not

retrospectively.

There are a couple of exceptions to the capitalization practices described in this section.

When a bill is based on a uniform act, the drafter generally should not change the

capitalization. In memorials and resolutions, which are frequently sent to Congress or

government officials, the Office uses standard rules of capitalization.

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5.11 GLOSSARY OF WORDS AND PHRASES FREQUENTLY

MISUSED

a, an Use a before words beginning with a

consonant sound: a book, a unique necklace.

Use an before words beginning with a

vowel sound: an apple, an urchin. NOTE:

It is the sound, not the actual letter, that

determines the form of the indefinite

article: a university, an R.C.A. television set,

an 8-sided object.

accept, except Accept means to receive:

"Please accept my offer." The verb except

means to leave out: "Will you except the

last provision of the contract?"

adapt, adopt Adapt incorporates the word

apt, which means suited to the purpose;

therefore, adapt means to make suitable.

Adopt means to choose or to make one's own

selection. "We adopted the style of play that

had been adapted from the style used by

the Green Bay Packers."

adverse, averse Adverse means opposing:

adverse circumstances. Averse means

disinclined: "He was averse to my proposal."

Adverse is usually related to actions or

things, averse to people (who have an

aversion).

affect, effect Affect means to influence: "His

attitude in class affected his grade." Affect is

never used as a noun except in

psychological terminology. Effect as a

noun means result: "The effect of the

explosion was disastrous." Effect as a verb

means to accomplish: "The new machinery

effected a decided improvement in the

product."

aggravate Do not use aggravate to mean

irritate. Aggravate means to make a bad

situation worse.

aid, aide Aid, meaning to assist, can be a

verb: "Alice will aid the toddlers in tying

their shoes." Aid can also be a noun:

"Robert gave aid to the homeless." Aide is

always a noun meaning an assistant: "The

general had an excellent aide to assist

him."

all ready, already All ready, an adjective,

means everyone is in readiness or properly

prepared: "We were all ready to go."

Already, an adverb, means previously:

"They had already gone."

allusion, illusion, delusion An allusion is

an indirect reference to a literary work or

to a statement by another: "When she

said, 'To go or not to go, that is the

question,' Betty was using an allusion to

Hamlet." An illusion is something that

appears real to the perception, but is not:

"Richard realized that although the

magician seemed to be sawing a woman

in half, it was an illusion." A delusion is also

a false perception about one's self or

others, but is based more on a set of false

beliefs than an unreal image: "Although

he had achieved very little in school,

Joseph had delusions of grandeur."

*alright A bad spelling of all right. Do not

confuse the spelling with words like

almost, already, altogether.

alternate, alternative Alternate as a verb

means to function every other time or to

act by turns: "Travis and Jason will

alternate playing the Nintendo game."

Alternate as a noun means one who takes

the place of another: "On the debating

team, Lindsey served as an alternate."

Alternative, also a noun, refers to a choice

between two possibilities, one of which

must be rejected: "Her only alternative was

to leave immediately or remain longer

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than she wished."

alumnus, alumna, alumni, alumnae,

alum, An alumnus is a male graduate.

Alumni is the plural. An alumna is a female

graduate. Alumnae is the plural. Alumni is

used for male and female combined. Alum

may also be used as the plural of a mixed

group of alumnus or alumna, but it is

more casual. There is no gender neutral

alternative for the singular form of these

words.

ambivalent, ambiguous Ambivalent

means mixed or conflicting feelings about

a person or an idea. Ambiguous is a

statement capable of being misinterpreted

because it is not clear.

amend, emend Amend means to alter for

the better, as in amendments to the

Constitution. Emend, once an alternative

spelling for amend, now is specialized in

use to mean removing errors from a text.

amiable, amicable Amiable is used to

describe persons who are kind, gentle, and

friendly. Amicable is used to describe

arrangements or settlements that are

agreed to peacefully by both parties.

among, between Between is used in

connection with two persons or things.

"He divided the money between his two

sons." Among is used for more than two:

"He divided the money among his three

sons." EXCEPTIONS: If more than two

are involved in a united situation, between

is used: "Between the four of us we raised a

thousand dollars." If a comparison or an

opposition is involved, between is used:

"There was great rivalry between the three

colleges. It was difficult to choose between

them."

amount, number Amount refers to bulk or

quantity: amount of sugar, grain, flour,

money. Number refers to objects that are

thought of as individual units: number of

oranges, children, diamonds. Notice that

most words following amount are singular

(coal, butter, water) and that most words

following number are plural (apples,

bottles, cups).

and/or Although the legalism and/or is

becoming common in current English, it is

to be avoided as faddish verbiage. The

simple word or carries exactly the same

meaning in most cases and does not call

attention to itself.

ante-, anti- These prefixes, though

similar, are quite different in meaning.

Ante- means before, as in antechamber (a

small room that comes before a larger one)

or antebellum (before the war). Anti- means

opposed to, as in antinuclear or antitoxin.

appraise, apprise Appraise means to

evaluate; apprise means to inform: "The

jeweler appraised the diamond and apprised

the owner of his evaluation."

apprehend, comprehend Comprehend

means only to understand a

communication; apprehend carries that

meaning as well as anticipating with dread

or anxiety, with the adjective form used

more often: "Sarah was apprehensive about

flying." Comprehensive means all-inclusive,

or covering completely: "The insurance

policy was comprehensive."

apt, liable, likely Apt refers to a habitual

disposition: "Having a good brain, he is

apt to get high grades." Likely merely

expresses probability: "It is likely to rain."

Liable implies the probability of something

unfortunate: "The firm is liable to fail."

as, like When used as a preposition, like

should never introduce a clause (NOT like

I was saying). When introducing a clause,

as is used (as I was saying) even if some of

the words of the clause are implied: "He

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did it as well as I [did]."

ascent, assent Ascent is a noun referring to

a climb or movement upward; assent is a

noun or verb having to do with agreement

with an idea or an opinion: "Eugenia

assented (or gave assent) to the group's

opinion that the weather was too

uncertain for an ascent up the mountain."

beside, besides Beside means by the side of:

"Ask him to sit beside me." Besides means in

addition: "She had an apartment in the

city. Besides, she owned a home at the

shore."

bimonthly, semimonthly Bimonthly

means occurring every two months;

semimonthly means twice a month. This

can be applied to biweekly, semiweekly and

biennial, semiannual.

bring, take Bring refers to action toward

the writer or speaker: "Bring the book to

me." Take refers to action away from the

writer or speaker: "When you leave us,

take your books with you."

burst, bust Burst, meaning to explode or

erupt from inward pressure, is sometimes

written bust, but this is slang and is

incorrect.

can, may Can implies ability: "I can (I am

able to) swim." May denotes permission:

"May I (Have I permission to) swim in

your pool?" In informal speech, when the

context is clear, can and may are both used

to express permission.

capital, capitol Capital denotes the seat of

government of a state or nation. Capitol is

the building in which a legislative

assembly meets.

censure, criticize To censure always

expresses disapproval, but to criticize may

be neutral, expressing approval of some

characteristics and disapproval of others.

Criticism should be a careful weighing of

the merits and demerits of such things as

artistic works.

cite, site To cite is to make a reference to

an original source when writing a research

essay. The noun site applies to the space of

ground occupied or to be occupied by a

building: "The site of a new bank."

claim, assert Claim refers to a justified

demand or legal right: "I claim this piece of

property." "I claim the prize." It should not

be used when only an assertion is

involved; "He asserted (not claimed) that his

demands were reasonable."

compare to, compare with Compare to is

used to indicate a definite resemblance:

"He compared the railroad to a street."

Compare with is used to indicate an

examination of similarities and

dissimilarities: "He compared the Middle

Ages with modern times."

complement, compliment A complement

is something that fills up or completes, as

in the sentence: "Foreign travel is a

complement to the study of geography." A

compliment is, of course, an expression of

praise, as in "He paid her a high

compliment."

compose, comprise The traditional rule

states that the whole comprises the parts;

the parts compose the whole. Compose

means to make up the constituent parts of;

constitute or form: "Fifty states compose

the Union." Comprise means to consist of;

be composed of: "The Union comprises

fifty states."

comprehensible, comprehensive

Comprehensible means capable of being

understood. Comprehensive means

all-inclusive or covering a wide range of

knowledge on a subject.

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compulsion, compunction Compulsion is

to be compelled to action by a

psychological urge. Compunction is to feel

anxiety because of guilt or remorse.

confidant, confident A confidant

(confidante, if female) is a noun meaning a

trusted friend. Confident is an adjective

meaning you are certain, e.g., you are

confident he or she will not betray your

trust.

congenital, congenial A congenital defect

is a bodily defect dating from birth. A

congenial person is pleasant and sociable.

connotation, denotation The connotation

of a word is what it suggests, favorably or

unfavorably, beyond its dictionary

meaning (denotation). For example, steed

denotes horse, but connotes a powerful,

beautiful horse ridden by a knight, unlike

nag, which suggests a broken-down horse.

consensus Even in respected newspapers,

consensus is sometimes misspelled

"concensus," perhaps in the mistaken idea

that a "census" has been taken to

determine agreement. The root word has

to do with consent, hence consensus. Do

not use the phrase consensus of opinion,

which is redundant.

consul, council, counsel Consul means a

foreign embassy official: "The Swedish

consul threw a party for the president."

Council means an official body: "The city

council passed the ordinance by a

three-to-one margin." Council is a group of

individuals who act in advisory capacity

or who meet for the purposes of discussion

or decision making: "The mayor met with

the council." Counsel means to advise, or as

a noun, means a legal advisor: "Find

someone to counsel you about your

accident. In fact, you should hire the

company lawyer to act as counsel in this

matter." "He sought my counsel." "He

retained counsel to represent him at the

trial." As a verb, counsel means to advise:

"I would counsel you to accept the first

good offer."

contemptible, contemptuous Contemptible

is something that deserves contempt. A

contemptuous person shows disdain for a

person or thing.

continual, continuous A continual action

occurs over a considerable period of time

with pauses and intermissions: "He

censured her continually." A continuous

action occurs without such pauses: "The

roar of the waterfall was continuous."

councilor, counselor A councilor is a

member of a council. A counselor advises,

particularly on legal matters.

credible, credulous Credible means

believable (or capable of being believed)

and is the opposite of incredible. A credulous

person is willing to believe even when the

evidence is not conclusive.

deadly, deathly A poison is deadly if it can

cause death. Silence is deathly if it is like

the silence of death, but does not kill.

deduce, deduct To deduce means using

reasoning to derive a conclusion. To

deduct, means to subtract, e.g., a discount

of 10 percent from a price.

deprecate, depreciate To deprecate is to

express disapproval. To depreciate is to

lessen the value of an item.

detract, distract Although both of these

words mean to draw away from, detract

has come to mean taking away someone's

good name, as in "His constant lying

detracts from his good qualities." Distract

means drawing the mind away from

whatever it had been thinking, as in "The

loud noise distracted her, making her lose

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concentration."

different from Different from is the correct

idiom, NOT different than.

differ from, differ with Differ from applies

to differences between one person or thing

and others: "My car differs from his because

it is a newer model." Differ with means to

have a difference in opinion: "I differ with

him in his views about government."

discover, invent A person discovers

something already in existence, but

unknown (like electricity); a person invents

a new product, like a video recorder.

discreet, discrete Discreet means careful in

avoiding mistakes, as in "He was discreet in

his habits." Discrete means separate, or

detached, as in "Each grain of rice was

discrete, not clinging to the rest in a

glutinous mass."

disinterested, uninterested Disinterested

means impartial, showing no preference or

prejudice. To be uninterested is to be bored,

or simply lacking interest.

dissent, descent, descend Dissent means

disagreement: "Mine was the only vote in

dissent of the proposed amendment."

Descent refers to a decline; fall: "The road

made a sharp descent and then curved

dangerously to the right." Descend means

to come down: "They had to descend from

the mountain top in darkness."

dual, duel Dual always refers to two

things, as in a "dual-control" video game.

Duel refers to a formal contest with guns

or pistols.

due to Due to functions like the adjective

attributable plus the preposition to. "The

flood was attributable to the rapid spring

thaw." "The flood was due to the rapid

spring thaw." If there is no noun like flood

for the adjective due to to refer to, use the

preposition because of: "He was late because

of an accident." Or rephrase the sentence:

"His lateness was due to an accident."

elicit, illicit Elicit, always a verb, means

to draw forth or bring out: "Herman can

always elicit an argument with anyone."

Illicit, always an adjective, means

unlawful: "Illicit drugs cause major

problems in this country."

eminent, imminent Eminent means

famous or prominent; imminent means

soon to take place: "The Christmas season

is imminent."

enormity, enormousness Enormity, used

to describe something monstrously evil,

should never be confused with

enormousness, which refers to something of

extraordinarily large size.

farther, further Farther refers to physical

distance: "We will drive no farther

tonight." Further refers to degree or extent:

"Let's pursue this argument no further."

fewer, less Fewer is used in connection

with people or with objects that are

thought of as individual units: fewer

oranges, fewer children, fewer books, fewer

dollars. Less is used in connection with the

concept of bulk: less money, less coal, less

weight, less grain. Notice that most words

following fewer are plural (oranges, books,

dollars): most words following less are

singular (money, coal, wheat).

flotsam, jetsam Flotsam means wreckage

found afloat. Jetsam, which comes from

the word jettison, means objects thrown

overboard and then washed ashore.

forceful, forcible One can have a forceful

personality, but to break down a door

violently is to make a forcible entry.

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former, latter Former and latter are used to

designate one of two persons or things: "Of

the two possibilities, I prefer the former to

the latter." If more than two persons or

things are involved, first or first named and

last or last named are used: "He had a

choice of yellow, rose, pink, and brown.

He preferred the first and last to the

others."

fortuitous, fortunate That which is

fortuitous happens by accident and may or

may not be a favorable event. The word is

often misused as a synonym for fortunate,

but it does not have this meaning.

founder, flounder Founder, a nautical

verb, denotes a boat collapsing or sinking.

Anyone can flounder, which means to

move clumsily about or to struggle to gain

footing: "He floundered in the deep mud."

fulsome Never use fulsome to mean

plentiful; it means excessive and insincere:

"Her boss gave fulsome praise, which

angered her."

*had ought Ought is known as a defective

verb because it has only one form and

cannot be used with an auxiliary: "They

ought (NOT had ought) to have told her."

hanged, hung Hanged is used in

connection with executions: "He was

condemned to be hanged by the neck until

dead." Hung denotes any other kind of

suspension: "The pictures were hung on

the wall."

hardly Like barely and scarcely, hardly

should not be used with a negative. "He

was hardly (barely, scarcely) able to do it."

(NOT not hardly, barely, scarcely)

healthful, healthy Healthful means

health-giving: a healthful climate. Healthy

means in a state of health: "He was a healthy

young man."

hypercritical, hypocritical A hypercritical

person is overly critical; a hypocritical

individual does not practice what he or are

she advises.

imply, infer Imply means to throw out a

hint or suggestion: "She implied by her

manner that she was unhappy." Infer

means to take in a hint or suggestion: "I

inferred from her manner that she was

unhappy."

impracticable, impractical Impracticable

means impossible to put into practice.

Impractical, when referring to a person,

means one who is incapable of dealing

sensibly with practical (or day-to-day)

matters. A plan may be impractical if it is

not profit-making.

intense, intensive Intense means

something is present to a high or extreme

degree, for example, intense suffering.

Intensive means highly concentrated or

exhaustive in application, as in the

Intensive Care Unit of a hospital.

invaluable, priceless Usually, the prefix

in- indicates a negative, but invaluable does

not mean "of no value." It means that the

value of the object is so great that its worth

cannot be evaluated. The word priceless

has the same meaning: "so great a value

that a price cannot be set for it."

its, it's Its (no apostrophe) is the

possessive case of it: "The pig nursed its

young." It's is the contraction for it is: "It's

too late to do anything about it."

kind, sort, type, variety Since these

words are singular in number, they should

never be prefaced by plural demonstrative

pronouns: This kind of people (NOT these

kind of people).

kind of, sort of, type of, variety of Never

use a or an after these expressions. *Kind of

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a pistol is confusing because a is used for

one particular member of a class, whereas

kind of pistol is preferable because pistol by

itself correctly refers to the general idea of

pistol.

lack, absence Lack is a deficiency of

something needed: "The lack of rain

ruined the crops." Absence is the

nonpresence of a thing that may or may

not be necessary: "The absence of malice in

the negotiations between the parties

allowed them to move faster."

last, latest Last means that which comes

at the end: "It is the last game of the

season." Latest is the last in time, but not

necessarily the final occurrence: "That was

the latest insult in a series of indignities."

lay, lie Lay and laid are the principal parts

of the transitive verb that means to put

down: "I shall lay the rug." "I laid the rug."

"I have laid the rug." Lie, lay, lain are the

principal parts of the intransitive verb (it

cannot take an object) that means to

recline or repose: "She will lie in the

hammock." "She is lying in the hammock."

"She lay in the hammock yesterday." "She

has lain there all afternoon."

lead, led When pronounced alike, the

word lead is the metal, led is the past tense

and past participle of the verb to lead.

liable See apt.

like See as.

literally, figuratively Unless an event

actually happened (literally happened), one

speaks of it figuratively. One should not

say, "We literally died laughing."

Figuratively refers to the use of figures of

speech, such as similes or metaphors:

"When he forgot his wife's birthday, he

was in (NOT literally) the doghouse."

mean, median Mean is the middle point

between extremes, usually the arithmetic

mean (computed by dividing the sum of

quantities in a set by the number of terms

in the set). Median refers to the middle

value in a distribution: "The median salary

in the organization is larger than half and

smaller than half of all the salaries."

meantime, meanwhile The noun

meantime refers to an action taking place in

an interim: "In the meantime, he read the

novel." The adverb meanwhile is almost the

same in meaning: "Meanwhile, he read the

novel."

militate, mitigate Militate (connected

with military) means to have strong

influence for or against, usually against:

"His grouchy manner militated against his

success as a salesman." Mitigate means to

lessen: "The cold compress on his leg

mitigated his suffering."

myself Myself (like yourself, himself, herself,

itself, themselves) is an intensive and

reflexive pronoun. It should never be used

in a sentence without its corresponding

noun or pronoun: "I myself will do it." "I

hurt myself." "They sent for John and me

(NOT myself)."

mysterious, mystic Mysterious refers to

those phenomena that excite wonder,

curiosity, and surprise and that are

difficult to explain or understand. A mystic

purports to have religious experiences of

direct association with the deity. Such an

occurrence would be called mystical.

practical, practicable Practical refers to

something that is effective, useful, or easy

to use; practicable means something that is

or could be done. A practical idea is one

that is sensible because it can be

implemented, and a practical can opener,

for example, is one designed to be easy to

use.

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precede, proceed Precede means to go

ahead of, as in a line: "Stephanie will

precede Ralph in the graduation line."

Proceed means simply to go ahead with an

action: "We will now proceed with the

conferring of the degrees."

presently, at present Presently means

soon, or shortly: "I will join you presently."

At present means now, currently, at this

time: "At present, he is in his office."

principal, principle Principal is usually an

adjective: principal cities, principal people. It

has become a noun in a few usages where

the noun it formerly modified has been

dropped. "He was the principal (teacher) of

the school." "I withdrew the principal

(amount) and interest from my savings

account." "He acted as a principal (person)

rather than as an agent." The noun

principle means a basic law or doctrine:

"The country was founded on the principle

that all men are created equal."

rare, scarce Rare and scarce refer to hard to

find items that exist in small quantities.

Rare usually implies exceptional quality or

value: "If it is a really rare book, it will be

quite expensive." Scarce can be applied to

ordinary things, usually those that were

previously abundant: "Potatoes are usually

plentiful in the supermarket, but the

drought has made them scarce."

reason is because The words reason is

(was, etc.) should be followed by a

statement of the reason: "The reason for

his failure was illness." "The reason for the

strict rules is to enforce discipline." Similar

statements can be made by using because:

"He failed because of illness." "The rules

are strict because it is necessary to enforce

discipline." Reason and because convey the

same sense. It is illogical to use both

words to convey the same meaning.

regardless, irregardless Irregardless, a

nonstandard word, probably is patterned

after irrespective. Regardless, which means

without regard to or despite, is the correct

form: "Regardless of his frank comments, I

like him."

respectable, respectful Respectable means

"worthy of respect or esteem," as in "She

had a respectable command of the German

language." Respectful means "showing

respect for something else," as in "The

teacher received the respectful attention of

the class." Many letters are closed with

"Respectfully yours."

rightfully, rightly Rightful or rightfully

means having a just or legally established

claim: "She was the rightful owner of the

property." Rightly means properly or

correctly, without the legal claim: "He

rightly refused to comment."

same Do not use same as a pronoun: "I

have your order for the books and will

send them (NOT will send same)."

stationary, stationery Stationary, an

adjective, means standing still or having a

fixed position. Stationery, a noun, means

writing materials, especially paper.

their, there, they're Be careful to

distinguish the spelling of the possessive

case of the pronoun their (their books) from

the spelling of the adverb and the expletive

there, and the contraction they're. "I got

there before I knew it." "There are forty

grapefruit in the crate." "They're waiting

for us."

therefor, therefore Therefor means for

that, for this, for it. Therefore means for

that reason, hence.

tortuous, torturous Tortuous means full of

twists or bends: "The car was moving too

fast for such a tortuous, crooked road."

Torturous means inflicting great pain in a

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cruel manner: "The torturous devices were

everywhere in the prison camps."

unique Unique means the only one of its

kind: "His was a unique personality." It

cannot logically be used in a comparative

or superlative form. Something may be

more or most odd, rare, unusual, peculiar,

remarkable, etc., but NOT more or most

unique.

who's, whose Who's is the contraction for

who is and who has: "I cannot imagine

who's coming." Whose is the possessive

form of who: "We knew the family whose

house was robbed."

X-ray, X ray X-ray is a verb that means to

expose to the action of X rays; examine,

treat, or photograph with X rays; to

employ X rays: "I need to X-ray your

foot." X ray is a noun meaning a

photograph obtained by the use of X rays:

"Let me look at the X ray."

you're, your You're is the contraction of

you are. Your is the possessive form of the

pronoun you: "Your birthday is tomorrow."

5.12 THINGS NOT TO PLACE IN THE STATUTES

5.12.1 Avoid References to Colorado Code of Regulations or the Code

of Federal Regulations

Do not refer to a particular citation in the Colorado Code of Regulations (the "CCR") or the

Code of Federal Regulations (the "CFR"), because the references are subject to being

amended or renumbered, thereby creating an out-of-date or obsolete reference in the

Colorado Revised Statutes. The other objection to this practice is that it arguably results in

an improper delegation of the General Assembly's power to set policy, because it shifts the

setting of the policy to a different entity to issue the rules. If asked to refer to such a rule or

regulation, the drafter should refer to rules of the particular adopting agency governing the

particular topic and attempt to describe the subject matter of the rules without giving the

actual citation.

5.12.2 Avoid References to Trade Names or Brand Names

Drafters should avoid referring to trade names or brand names in statutes. Legislators raised

concerns about the use of references or terms of a more proprietary nature. One example

was the use of the term "toughman" to refer to a type of fighting. The bill sponsor ultimately

amended the bill to refer to "toughperson" fighting. Another example was when a bill

referred to a type of motorized equipment as a "goped", and concerns were raised that it was

a trade name. Upon conducting trademark searches through the U.S. Patent and Trademark

Office, the drafter discovered that "goped" as used in the title of the bill and the bill was not a

trade name, but that the hyphenated spelling "go-ped" was a trademark. The drafter

prepared an amendment to substitute "motorized scooter" for the term "goped" in the bill.

However, since the Office avoids amending bill titles, the term "goped" was not amended in

the title. Another concern is that using a trade name or brand name might constitute "special

legislation" in violation of article V, section 25 of the Colorado Constitution. The Office is

not aware of any legal impediment to using these terms in bills and in statutes, but legislators

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have expressed concerns about using trade names because that practice could be viewed as

an inappropriate endorsement of a particular product. As a result of these concerns, drafters

should make the sponsor aware that this has been a drafting issue in the past and should use

other descriptive language to substitute in the place of the trade name or brand name.

5.12.3 Avoid Special Legislation

Drafters should be aware of bill requests that may be considered special legislation once

drafted. Article V, section 25 of the Colorado Constitution (article V, section 25) prohibits

the General Assembly from passing special laws under enumerated circumstances and in all

other cases where a general law, rather than a special law, could apply. Generally, the

purpose of a constitutional prohibition against special legislation "is to confine the power of

the legislature to the enactment of general statutes conducive to the welfare of the state as a

whole, to prevent diversity of laws on the same subject, to secure uniformity of law

throughout the state as far as possible, and to prevent the granting of special privileges."

The purpose of these provisions "is not to limit legislation, but merely to prohibit the doing,

by local or special laws, of that which can be accomplished by general laws . . . ."

Colorado courts have determined that article V, section 25 was enacted to serve several

specific purposes. These purposes include preventing class legislation (legislation that applies

to some classes but not to others without a reasonable basis for distinguishing between

them), curbing favoritism by the General Assembly, preventing the General Assembly from

interfering with local affairs, preventing the General Assembly from passing unnecessary

laws to fit limited circumstances, and acting as a limitation on the power of the legislature.

As previously mentioned, the constitutional ban on special legislation comprises two parts.

The first part sets forth the enumerated prohibitions regarding special legislation, and the

second part is a statement of the preference for the enactment of general legislation. If a

party challenges a statute on the basis of violating the constitutional prohibition against

special legislation, a court must first determine whether the statute addresses one of the

enumerated prohibitions in article V, section 25.

If the statute implicates an enumerated prohibition, the court will next consider "whether the

classification adopted by the legislature is a real or potential class, or whether it is logically

and factually limited to a class of one and thus illusory."

The primary consideration in

determining whether a class is a genuine class and therefore constitutional is whether the

statute is "'generic in its application' and 'applicable to other foreseeable situations.'"

Colorado courts have demonstrated that, "even when the legislature had a specific entity in

82 C.J.S. Statutes § 151 (1999).

Id.

People v. Canister, 110 P.3d 380, 382-383 (Colo. 2005).

Id. at 383, quoting In re Interrogatory Propounded by Gov., 814 P.2d 875, 886 (Colo. 1991).

People v. Canister, 110 P.3d at 384, quoting Greenwood Village v. Petitioners, 3 P.3d 427, 442 (Colo. 2000).

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mind when drafting the legislation, the class created by the legislation is not illusory if it

could include other members in the future."

However, the class is illusory if the legislation

defines the class in such a way that it could never include "members other than those

targeted by the legislation . . . ."

If the court determines that the class is a genuine class, the

court will then determine whether the class is reasonable

. If there is a rational basis for

distinguishing the class involved and treating the members of the class similarly, the court

will not find that the legislation is special.

If a statute is challenged on the basis of violating the constitutional prohibition against

special legislation, and an enumerated provision of article V, section 25 is not implicated, the

question of whether a general law could apply to the situation instead of the specialized law

is within the discretion of the General Assembly. The current standard that the courts apply

requires only that the classification the General Assembly creates be "reasonable." A court

will only consider "whether the General Assembly has acted arbitrarily or capriciously in its

decision" to enact a specialized law and will not interfere in the actions of the General

Assembly "absent an abuse of that discretion."

If a drafter is concerned that a bill may be special legislation, the drafter should notify his or

her team leader and should also explain the constitutional prohibition against special

legislation to the bill sponsor.

Id. In In re Interrogatory, the governor asked the Supreme Court to determine whether a bill that provided

certain business incentives with the intent of causing United Airlines to locate a maintenance facility in Colorado

violated the provisions of article V, section 25. The Court determined that, while the legislation in question

specified certain requirements regarding the length of time of the business incentive agreements and a maximum

total monetary outlay of the incentives, there was nothing in the legislation that would prevent another company,

in addition to United Airlines, from meeting the statutory criteria contained in the bill. Therefore, the Court

concluded that the bill was not, on its face, per se special legislation.

Id. In Canister, the defendant, Randy Canister, was charged with several counts, including three for first

degree murder. After the prosecution announced it would seek the death penalty against Canister, the U.S.

Supreme Court held the death penalty sentencing process in Arizona unconstitutional because it denied defendants

the right to a jury trial. The process in place in Colorado was basically the same as that in Arizona, so the Governor

called the Colorado General Assembly to meet in special session. While the general assembly was meeting, the

jury found Canister guilty of all charges. The general assembly enacted a statute during the special session allowing

a trial judge, rather than a jury, to determine the death penalty of a person convicted of a capital crime, but only

in cases in which the prosecution had announced, as of the effective date of the bill, that it would seek the death

penalty. Canister was awaiting sentencing when the new law became effective. At the time the Colorado legislation

was passed, Canister and one other criminal defendant were the only two people in the state who were on trial for

a capital offense and, due to the timing restrictions in the legislation, were the only two people to whom the statute

would ever apply. Therefore, the Colorado Supreme Court determined that the legislation violated the

constitutional prohibition of special legislation.

Id. at 383.

In re Interrogatory, 814 P.2d at 885.

Id. at 885-886.

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CHAPTER 6: EXECUTIVE BRANCH AGENCIES

6.1 THE ADMINISTRATIVE ORGANIZATION ACT OF 1968

The general assembly enacted article 1 of title 24, C.R.S., in 1968 to implement the

constitutional amendment approved in 1966 calling for the reorganization of the state

government's executive branch into not more than twenty principal departments. The article

includes a list of the principal departments and sets forth the statutorily created divisions,

sections, boards, commissions, etc., placed within a department. To keep article 1 current

and to define clearly the status of newly created agencies within the context of executive

reorganization, the drafter must include an appropriate amendment to article 1 of title 24,

C.R.S., for any bill:

! Creating a new executive agency with substantive powers (i.e., an agency

other than a strictly advisory board or committee);

! Transferring an agency from one department to another; or

! Abolishing an agency.

Section 24-1-105, C.R.S., defines three types of transfers that determine the relationship

between an agency and the principal department. The designation of an agency as a type 1

or type 2 agency and the transfer of an agency by a type 1 or type 2 transfer affects the

powers that the agency has based on the definitions set forth in section 24-1-105, C.R.S. All

drafters should be thoroughly familiar with these types of transfers since each agency

transferred must be designated as functioning pursuant to a specific type of transfer and each

new agency created must be designated as functioning as if transferred pursuant to a specific

type of transfer.

A type 1 transfer denotes a relationship in which the subordinate division, board, or other

agency exercises its powers, duties, and functions independently of the executive director of

the department within which the agency is placed. The most important powers retained by a

type 1 agency - powers which may be exercised in whatever way the agency determines,

even without the approval of the executive director - are the promulgation of rules and the

rendering of administrative findings, orders, and adjudications.

In a type 2 transfer, all powers, duties, and functions of the division, board, or other agency

belong to the executive director of the department. In both a type 1 and a type 2 transfer, the

executive director of the department is vested with "budgeting, purchasing, and related

management functions".

A type 3 transfer involves the transfer of all functions of an agency to another agency and the

abolition of the old agency; it is rarely used.

Type 1, 2, and 3 transfers only apply to executive branch agencies and not to judicial or

legislative branch agencies.

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6.1.1 Language to Use When Creating a New Agency

When drafting a bill involving the creation of a new agency, the drafter must add a new

subsection, paragraph, or subparagraph to the section in article 1 of title 24, C.R.S.,

concerning the department to which the agency is being added and must use the somewhat

awkward but important phrase "as if [the agency] were transferred by a [type 1 or type 2]

transfer". The practice is to put any reference to type 1, type 2, or type 3 in bold font.

This example of how to create a new agency is based on a bill from 1992, in which the

hazardous waste commission was created in the department of health, subsequently

renamed the department of public health and environment). Note that the examples in this

section were modernized to eliminate the authority verb "shall". The bill creates the new

hazardous waste commission by adding a new subsection (8) to section 24-1-119, C.R.S.

with the following language:

24-1-119. Department of health - creation. (8) THE HAZARDOUS WASTE

COMMISSION, CREATED IN PART 3 OF ARTICLE 15 OF TITLE 25, EXERCISES ITS POWERS AND

PERFORMS ITS DUTIES AND FUNCTIONS AS IF THE SAME WERE TRANSFERRED BY A TYPE 1

TRANSFER TO THE DEPARTMENT OF HEALTH.

The bill also creates the hazardous waste commission in the title governing the department

in section 25-15-302, C.R.S., using similar language:

25-15-302. Hazardous waste commission - creation - membership - regulations

- administration. (1) (a) THERE IS HEREBY CREATED IN THE DEPARTMENT OF HEALTH A

HAZARDOUS WASTE COMMISSION...WHICH EXERCISES ITS POWERS AND PERFORMS ITS DUTIES

AND FUNCTIONS AS IF IT WERE TRANSFERRED TO SAID DEPARTMENT BY A TYPE 1 TRANSFER.

For a new agency, the text must refer to the type of transfer and state that the agency

exercises its powers, etc., as if it were transferred by a type 1 or type 2 transfer since a new

agency is not actually being transferred but is being created for the first time. If the drafter

places the new agency in the department of regulatory agencies, the drafter needs to use the

standard language regarding the applicability of the Sunset Law (section 24-34-104, C.R.S.)

in the statute governing the agency, add the agency to the list in section 24-34-104, C.R.S.,

regarding the Sunset law, and add the agency to the section in article 1 of title 24 (section

24-1-122, C.R.S.,) that governs the department of regulatory agencies. If the new agency is a

department, the drafter needs to add an entirely new section to article 1 of title 24 and

amend section 24-1-110, C.R.S., to add the new department to the list of principal

departments.

6.1.2 Language to Use When Transferring Portions of a Department to

Another Department

If a bill involves the transfer of an existing agency from one department to another

department, the bill must specify that the agency is transferred to the second department by a

type 1 or type 2 transfer. The drafter must amend the appropriate section in article 1 of title

24 for the particular department to which the agency is being transferred and specify the type

of transfer. In addition, the drafter must repeal the relevant subsection, paragraph, or

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subparagraph that is being transferred from the section concerning the original department.

Finally, besides amending the appropriate section in the Administrative Organization Act,

the drafter must also include similar language defining the type of transfer in the substantive

law governing the agency transferred. There may be more than one place in the organic act

governing the agency that the drafter needs to amend and keep current.

An example of the appropriate language to transfer a division from one agency to another is

this example based upon the transfer of the highway operations and maintenance division in

the former state department of highways to the new department of transportation:

24-1-128.7. Department of transportation - creation. (3) THE DEPARTMENT OF

TRANSPORTATION CONSISTS OF THE FOLLOWING DIVISIONS:

(a) HIGHWAY OPERATIONS AND MAINTENANCE DIVISION, THE HEAD OF WHICH IS THE

CHIEF ENGINEER. THE HIGHWAY OPERATIONS AND MAINTENANCE DIVISION AND THE OFFICE

OF THE CHIEF ENGINEER, CREATED BY PART 1 OF ARTICLE 1 OF TITLE 43, AND THE OFFICE OF

THE CHIEF ENGINEER, CREATED BY PART 1 OF ARTICLE 1 OF TITLE 43, AND THEIR POWERS,

DUTIES AND FUNCTIONS ARE TRANSFERRED BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF

TRANSPORTATION.

The drafter made the following corresponding amendment to the substantive statute:

43-1-114. Highway operations and maintenance division - creation. (2) THE

HIGHWAY OPERATIONS AND MAINTENANCE DIVISION AND THE OFFICE OF CHIEF ENGINEER

EXERCISE THEIR POWERS AND PERFORM THEIR DUTIES AND FUNCTIONS UNDER THE

DEPARTMENT OF TRANSPORTATION AND THE EXECUTIVE DIRECTOR AS IF THE SAME WERE

TRANSFERRED TO THE DEPARTMENT BY A TYPE 2 TRANSFER, AS SUCH TRANSFER IS DEFINED

IN THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1 OF TITLE 24.

Note that in this example, the drafter used the "as if the same were transferred" phrase in the

substantive statute since the highway operations and maintenance division was a new

division.

6.1.3 Eliminating a Department by a Type 3 Transfer

When an agency is abolished, the drafter uses a type 3 transfer. In this example, the state

department of highways was abolished and a new department of transportation was created.

24-1-128.7. Department of transportation - creation. (4) THE STATE

DEPARTMENT OF HIGHWAYS, CREATED BY SECTION 24-1-126, PRIOR TO ITS REPEAL IN 1991,

AND ITS POWERS, DUTIES, AND FUNCTIONS, ARE TRANSFERRED BY A TYPE 3 TRANSFER TO THE

DEPARTMENT OF TRANSPORTATION, PURSUANT TO THE PROVISIONS OF THIS ARTICLE 1, AND

THE STATE DEPARTMENT OF HIGHWAYS IS ABOLISHED.

6.1.4 Transfer of Functions

Occasionally certain functions of one agency are transferred to another agency without the

agency itself being transferred. Unless such functions are already specified in article 1 of title

24, as, for instance, is the case in section 24-1-120 (3), C.R.S., it is not necessary to amend

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article 1.

6.1.5 Transfer of Employees, Contracts, Appropriations, and

Continuity of Rules

The drafter should consult with the sponsor and the affected agencies about whether the

transfer of duties, functions, or agencies involves the transfer of employees, property,

contracts, appropriations or the continuity of administrative rules and regulations. The

drafter should be alert to any potential problems and should include standard provisions in

any transfer bill to transfer the officers and employees of a division or a department, along

with their pension rights, to another department and to transfer the property of a division or

department to another department, if appropriate. Such provisions belong in the substantive

law affecting the agency transferred - not in article 1 of title 24, C.R.S. See section 24-37-105,

C.R.S., for an example of the standard language. For examples of how to preserve existing

rules or orders of an agency or department being transferred to another department, see the

examples of saving clauses and grandfather clauses in section 2.6 "Special Clauses" in

Chapter 2 of this manual.

In past attempts to solve the problem of numerous conforming amendments required by a

bill transferring agencies or functions some drafters have included a section to the effect that

"Whenever in any law concerning _____ reference is made to the division of _____, such

term shall be deemed to refer to the division of _____". These attempts are confusing, and

the Office of Legislative Legal Services prefers to include specific conforming amendments

to all statutory sections affected by the transfer unless such amendments are absolutely not

feasible in light of available time. The computer statutory search program makes the location

of affected sections much easier.

Colorado currently has nineteen principal departments - one fewer than the constitutional

maximum of twenty principal departments. If twenty departments were to be reached again,

the creation of a new department would require an existing one to be abolished. See section

22 of article IV of the state constitution.

6.2 THE STATE PERSONNEL SYSTEM

When drafting bills involving the state personnel system, a drafter should keep in mind two

provisions of the state constitution concerning the state personnel system that have

occasionally caused problems. The provisions:

! Governing which state employees and officials must be included in the state

personnel system; and

! Designating the appointing authority for these employees.

The state constitution states that the personnel system comprises "all appointive public

officers and employees of the state", except those specifically exempted by the constitution. In

other words, all state officers and employees, other than elected officials, must be within the

personnel system unless constitutionally exempted. The exemptions are for the following

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categories of persons:

! Members of boards and commissions serving without compensation except

per diem and expense reimbursement;

! Certain named boards, including the Public Utilities Commission, the State

Board of Land Commissioners, the State Parole Board, the State Personnel

Board, and the Colorado Tax Commission, which is now the Board of

Assessment Appeals, and the Industrial Commission, which has been

abolished;

! Assistant attorneys general;

! Legislative and judicial department members, officers, and employees;

! Employees in the offices of the governor and lieutenant governor whose

functions and duties are confined to the administration of those offices;

! Faculty members and certain administrators of educational institutions and

departments;

! Appointees to fill vacancies in elective offices;

! One deputy of each elective officer other than the governor and lieutenant

governor specified in section 1 of article IV of the state constitution;

! Students and inmates in state educational or other institutions employed

therein;

! Subject to the approval of the state personnel director, the following persons

from each principal department: Deputy department heads, chief financial

officers, public information officers, legislative liaisons, human resource

directors, and executive assistants to the department heads; and

! Subject to the approval of the state personnel director, senior executive service

employees.

Also exempted are officers specified elsewhere in the constitution; for instance, cabinet

officers, who are exempted by section 22 of article IV, the commissioner of insurance, who

is exempted by section 23 of article IV, and other officers named in the state constitution

such as the Commissioner of Mines.

It follows that a constitutional exemption from the personnel system must be found if a bill

establishes any officer to serve as a gubernatorial appointee with the exception of cabinet

members.

Issues arise in connection with the attempt to establish full-time boards whose members are

exempt from the personnel system. At the time the personnel system amendment was

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adopted, the list of exempt boards included virtually all the full-time boards in state

government. Section 40-2-101 (2), C.R.S., requires public utilities commissioners to "devote

their entire time to the duties of their office to the exclusion of any other employment". The

salaries of such commissioners are fixed by the General Assembly on an annual basis and

are "for the full-time services of the persons involved". See section 24-9-102 (2), C.R.S.

Section 17-2-201 (1), C.R.S., provides that parole board members "shall devote their full

time to their duties as members of the board". Although not explicitly stated, the

constitutional exemption for board members receiving per diem and expense reimbursement

has, with one exception, been used exclusively for part-time boards composed of citizen

members.

Two bills from the 1977 session raised the issue of whether the General Assembly can use

the general constitutional exemption from the state personnel system for members of boards

and commissions receiving only per diem and reimbursement for expenses to create new

full-time boards composed of appointed officials outside the personnel system by setting the

per diem high enough to attract full-time board members. One of these bills did not pass.

Although the other was in effect for a few years and was not challenged, better practice

would appear to be not to create full-time boards exempt from the personnel system without

a constitutional amendment.

From time to time people have thought that there may be an administrative rule, either of

the State Controller or of the State Personnel Board, that provides that any person who

receives more than some specific amount in per diem compensation in any year is presumed

to be a full-time employee and therefore subject to the state personnel system. So far as the

Office of Legislative Legal Services is able to determine, no such rule is currently in effect.

Even if such a rule existed, its constitutionality might be in doubt and the legal question

would still remain as to whether the constitution permits full-time state employment outside

the personnel system without specification in section 13 of article XII.

An Attorney General's memorandum dated October 26, 1976, addresses the question of

inclusion in the personnel system. That memorandum sets forth criteria for the approval of

personal service contracts. This is a slightly different issue since it requires construction of

the constitutional provisions governing temporary employment, which is another

constitutional exemption from the personnel system. The memorandum reflects the

assumption that all "employment", as opposed to contractual relationships, must be

according to the constitutional provisions governing the personnel system. The

memorandum distinguishes between "employees" and "independent contractors" and states

that an independent contractor, among other things, is not subject to the control of the state

as to the means and methods of accomplishing the results of his or her work, selects his or

her clients and is free to work for one or more during any given interval, determines the time

and place work will be performed, generally does not receive regular amounts at stated

intervals and may agree to perform specific services for a fixed price, and is usually subject to

a temporary contract used primarily where special expertise is required for a definite period

to accomplish a limited task. Based on the foregoing criteria, it seems probable that a

full-time board member would be an employee and not an independent contractor.

Subsection (7) of section 13 of article XII provides that the head of each principal

department is "the appointing authority for the employees of his office and for heads of

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divisions, within the personnel system, ranking next below the head of such department".

Division heads are the appointing authorities for all personnel system positions within their

divisions.

There are at least two common ways of contravening these provisions. The first occurs when

a governor-appointed board or commission is created within a department either by a type 1

or type 2 transfer and the board warrants having a permanent staff. Perhaps an entirely new

division is sought. If the new board, which is presumably exempt from the personnel system

because its members receive only per diem and expenses, is made the head of the division,

the constitution requires that it also be the appointing authority for all the employees of the

division. It may not want to be involved in this kind of administrative detail (or in other

day-to-day administrative duties). Alternatives are to make the board a part of the office of

the executive director, in which case the executive director would appoint the staff or, if the

staff is to be large enough to warrant a staff director or executive secretary, to make that

director, who would be under the personnel system, the head of the division. In the latter

case, the director would of course have to be appointed by the executive director of the

department and not by the board; the statute could specify that the appointment be made

only after consultation with the board. See section 24-34-302, C.R.S., which requires the

executive director of the department of regulatory agencies to give good faith consideration

to the recommendations of the civil rights commission before appointing the director of the

civil rights division. Another possibility might be to direct that a member of the board sit on

any panel convened to interview candidates for the position.

The language of section 13 (7) quoted above might be construed to require that all heads of

divisions must be within the personnel system. Although the great majority of division heads

are personnel system employees, since there is no exception in section 13 (2) for the entire

class of division heads and such an exception was defeated by the voters at the 1976 general

election, this reading poses problems for entities like the Colorado Racing Commission,

which is specifically named head of the Division of Racing Events. Since the commission is

exempt from the personnel system because it is compensated on a per-diem-plus-expenses

basis, it makes no sense to read subsection (7) to require commission members to be

personnel system employees appointed by the executive director; the alternative under this

reading of the "within the personnel system" language is to construe subsection (7) to require

that division heads be individuals and not exempt boards or commissions and that such

individuals must be within the personnel system.

Statutory provisions concerning appointments that were enacted prior to 1970, the year

section 13 of article XII of the state constitution was adopted, may not conform to the

constitution. A drafter should be very careful not to use these statutes as models for new

agencies. Suggestions for good models are the State Housing Board and the State Director of

Housing, part 7 of article 32 of title 24, C.R.S., and the Civil Rights Commission and the

director thereof, part 3 of article 34 of title 24, C.R.S.

The second problem area is encountered when one attempts to have the executive director of

a principal department who is not within the state personnel system also hold the office of

division director or, conversely, to have a division director act ex officio as the head of a

department. The constitution does not seem to contemplate this kind of arrangement. For

instance, how can an executive director who is exempt from the personnel system appoint

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himself to a position within the personnel system? Could the governor designate someone

who already holds a personnel system position as the head of a division to fill the exempt

position of department head? Furthermore, in a wholly new department, how could a

division head exist without there having been an executive director appointed previously?

The three examples of this problem that appeared in the statutes were altered to conform to

the constitution in 1971, the executive director of the Department of Health (now known as

the Department of Public Health and Environment) was ex officio the head of the Division

of Administration, the executive director of the Department of Labor and Employment was

ex officio the director of the Division of Labor (now known as the Division of Labor

Standards and Statistics), and the Chief Engineer was ex officio the head of the State

Department of Highways (now known as the Department of Transportation).

In spite of the apparent absurdity of these situations, at least one example exists in current

law. Section 24-30-1001, C.R.S., enacted in 1976 and amended in 1995, requires that the

executive director of the Department of Administration (now Personnel) be the head of the

Division of Administrative Hearings. This case, however, is to be distinguished from the

situation in which a position may exist but has not in fact been funded. The director of the

Division of Professions and Occupations in the Department of Regulatory Agencies is

created by statute, but the executive director of the department, for periods in the past, has

performed all of the duties connected with the position.

6.3 SUNRISE LAWS

"Sunrise" describes the administrative and legislative procedure for evaluating the request

that an unregulated professional or occupational group be regulated by the state of

Colorado. The process is governed by section 24-34-104.1, C.R.S.

If a drafter is asked to draft a bill that involves new regulation of a profession or occupation

not previously regulated, the drafter should consult with the sponsor about the applicability

of section 24-34-104.1, C.R.S., which requires that anyone proposing new regulation submit

certain information to the department of regulatory agencies for sunrise review. The

determination of the need for new regulation is based upon the following criteria:

(1) Whether the unregulated practice of the occupation or profession clearly harms or

endangers the health, safety or welfare of the public, and whether the potential for

harm is easily recognizable and not remote or dependent on tenuous argument;

(2) Whether the public needs, and can be reasonably expected to benefit from, an

assurance of initial and continuing professional or occupational competence; and

(3) Whether the public can be adequately protected by other means in a more

cost-effective manner.

Further, section 24-34-104.1, C.R.S., requires the department to submit a report no later

than 120 days after receipt of a sunrise application to the General Assembly and discusses

the introduction of legislation based on such report. Legislation to regulate a professional or

occupational group may be presented to the General Assembly during each of the two

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regular sessions that immediately succeed the date of the report. While failure to comply

with the statutory procedure probably does not invalidate a bill for new regulation, the

sponsor should be aware that the issue could arise.

The department may decline to conduct reviews in the case of a repeat application with no

new information provided. If the department declines to conduct an analysis and evaluation

for this reason, the proponents are deemed to have complied with the requirements of this

section. In cases where a profession or occupation is posing an imminent threat to the

public's health, safety or welfare, the department may notify the proponents and recommend

that the professional or occupational group be regulated by the state, without completing an

analysis and evaluation.

If the department receives a proposal to regulate a profession or occupation indicating, based

on verified documentation, that the unregulated profession or occupation poses an imminent

threat to public health, safety, or welfare, the department is required to notify the proponents

and the legislative council of the General Assembly of the threat and to submit

documentation of its findings. The legislative council is required to hold a hearing to

examine the report and the department's findings. See section 24-34-104.1, C.R.S., for more

information about the legislative council's role in the hearings.

Drafters should use the following canned language for any NEW sunrise that creates a new

regulatory scheme and adds a sunset review provision, selecting the applicable description

for section 24-34-104, and making sure that the repeal date used in the phrase "are scheduled

for repeal" in section 24-34-104 and the repeal date used in the organic section are the same:

SECTION 1. In Colorado Revised Statutes, 24-34-104, add ( ), as follows:

24-34-104. General assembly review of regulatory agencies and functions for

repeal, continuation, or reestablishment - legislative declaration - repeal. ( __ ) (a) THE

FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, ARE SCHEDULED FOR REPEAL ON SEPTEMBER

1, [YEAR]:

(__) THE REGULATION OF [__] BY THE [NAME OF ENTITY] IN ACCORDANCE WITH

[C.R.S. SUBDIVISION].

(__) THE REGULATION OF PERSONS [SPECIFY THE PARTICULAR TYPE OF

REGULATION] PURSUANT TO [C.R.S. SUBDIVISION].

(__) THE FUNCTIONS OF THE [NAME OF ENTITY] RELATED TO [__] SPECIFIED IN

[C.R.S. SUBDIVISION].

(__) THE [NAME OF ENTITY] CREATED IN [C.R.S. SUBDIVISION].

AND

(b) THIS SUBSECTION (__) IS REPEALED, EFFECTIVE SEPTEMBER 1, 20__[YEAR THAT

IS TWO YEARS LATER THAN IN SUBSECTION (a)].

SECTION 2. In Colorado Revised Statutes, add article [ ] as follows:

ARTICLE XX

Article Name

12-xx-xxx. Short title. THE SHORT TITLE OF THIS ARTICLE XX IS THE " ACT".

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....... text of the bill has been omitted for this example ....

12-xx-xxx. Repeal of article. THIS [ARTICLE XX] IS REPEALED, EFFECTIVE [DATE].

BEFORE ITS REPEAL, THIS [ARTICLE XX] IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH

SECTION 24-34-104.

6.4 SUNSET LAWS

"Sunset" involves the periodic review of state agencies that regulate professions or

occupations, specific functions, and advisory committees. Agencies, functions, and advisory

committees are terminated on specified dates unless their life is extended by legislative

action. The department of regulatory agencies reviews the agency, function, or advisory

committee prior to its scheduled repeal and makes recommendations to the general assembly

about whether the agency, function, or advisory committee should be continued. The

process for sunset review of agencies and functions is governed by section 24-34-104, C.R.S.

The sunset review of advisory committees is governed by section 2-3-1203, C.R.S.

In an effort to maintain consistency in the sequence of termination dates for divisions,

boards, and agencies subject to the sunset law, sections 2-3-1203 and 24-34-104, C.R.S.,

have various subsections categorized by date of repeal and subdivided by department or

division in which the board or agency being repealed is found. When drafting a bill that

includes a termination, include the new information in the proper subsection. Or, if

necessary, add a new subsection that maintains the sequence and format of section 2-3-1203

or 24-34-104, C.R.S.

A drafter who creates a NEW board, division, or agency in the department of regulatory

agencies must use the canned language shown in section 6.3 to:

! Add language indicating that section 24-34-104, C.R.S. are applicable to the

new entity; and

! Add language to section 24-34-104, C.R.S., specifying the repeal date.

When an agency or function subject to the sunset law is CONTINUED, the drafter must

repeal the paragraph listing the agency or function in section 24-34-104, C.R.S., and relist

the agency or function in a new subsection with the appropriate repeal date and a

corresponding effective date in a similar manner as for a new agency or function.

Similarly, when an advisory committee is CONTINUED, the drafter must repeal the

paragraph listing the advisory committee in section 2-3-1203, C.R.S., and relist the advisory

committee in a new subsection with the appropriate repeal date and a corresponding

effective date. Note, however, that although the life of a newly created advisory committee

cannot exceed ten years before a sunset review, once a sunset review is completed, the

advisory board may continue indefinitely. Therefore, the drafter may not always need to

relist the advisory committee in a new subsection.

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In 2016, section 24-34-104, C.R.S., was repealed and reenacted in order to make the section

easier to work with and to create self-repealing subdivisions. At the same time, some of the

language in the canned language format for sunset bills was modified; however, the two

were not incorporated in the 2016 legislation. In order to give effect to both improvements,

sunset bills that continue an EXISTING government agency or agency should follow this

model:

SECTION 1. In Colorado Revised Statutes, amend 12-10-111 as follows:

12-10-111. Repeal of article. (1) This article ARTICLE 10 is repealed, effective

July 1, 2017 SEPTEMBER 1, 2026.

(2) Prior to such BEFORE THE repeal, THE DEPARTMENT OF REGULATORY AGENCIES

SHALL REVIEW the office and the commission shall be reviewed as provided for in

ACCORDANCE WITH section 24-34-104. C.R.S.

SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal (12)(a)(VIII); and

add (27)(a)(V) as follows:

24-34-104. General assembly review of regulatory agencies and functions for

repeal, continuation, or reestablishment - legislative declaration - repeal. (12) (a) The

following agencies, functions, or both, will repeal on July 1, 2017:

(VIII) The office of boxing, including the Colorado state boxing commission,

created in article 10 of title 12, C.R.S.;

(27) (a) The following agencies, functions, or both, will repeal on September 1,

2026:

(V) THE OFFICE OF BOXING, INCLUDING THE COLORADO STATE BOXING

COMMISSION, CREATED IN ARTICLE 10 OF TITLE 12.

In addition, in organic statutes that describe an existing function or regulatory scheme for

review, the drafter should not change the description of the function or regulatory scheme

when drafting a sunset bill. The canned language was designed to be very broad, and is

intended to be used in sunrise bills that propose to create a new regulatory scheme. The

drafter should not broaden or otherwise modify the scope of review under the sunset process

for an existing function or regulatory scheme unless the sunset report recommends it.

When a board or agency is in its wind-up period under sunset and is technically repealed, it

is reestablished rather than continued. The entire section, part, or article must be recreated

and reenacted.

CONCERNING THE REAUTHORIZATION OF THE REGULATION OF REAL ESTATE APPRAISERS BY

THE BOARD OF REAL ESTATE APPRAISERS THROUGH A RECREATION AND

REENACTMENT OF THE RELEVANT STATUTES INCORPORATING NO SUBSTANTIVE

AMENDMENTS OTHER THAN THOSE APPROVED DURING THE FIRST REGULAR SESSION

OF THE 69TH GENERAL ASSEMBLY.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, recreate and reenact, with

amendments, part 7 of article 61 of title 12 as follows:

PART 7

REAL ESTATE APPRAISERS

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12-61-701. Legislative declaration. THE GENERAL ASSEMBLY FINDS, DETERMINES,

AND DECLARES THAT SECTIONS 12-61-702 TO 12-61-723 ARE ENACTED PURSUANT TO THE

REQUIREMENTS OF THE "REAL ESTATE APPRAISAL REFORM AMENDMENTS", TITLE XI OF THE

FEDERAL . . .

. . . . . . . . . . . text of the bill has been omitted for this example . . . . . . . . . .

(b) [Formerly 12-61-703 (2.5)] THE GENERAL ASSEMBLY FINDS, DETERMINES, AND

DECLARES THAT THE ORGANIZATION OF THE BOARD UNDER THE DIVISION AS A TYPE 1

AGENCY WILL PROVIDE THE AUTONOMY NECESSARY TO AVOID POTENTIAL CONFLICTS OF

INTEREST BETWEEN THE RESPONSIBILITY OF THE BOARD IN THE REGULATION OF REAL ESTATE

APPRAISERS . . .

. . . . . . . . . . . text of the bill has been omitted for this example . . . . . . . . . .

(13) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2018. BEFORE ITS REPEAL, THE

CERTIFICATION OF REAL ESTATE APPRAISERS IS SCHEDULED FOR REVIEW IN ACCORDANCE

WITH SECTION 24-34-104, C.R.S.

For an example of a bill that recreated and reenacted a sunset provision and that also made

substantive changes, see Senate Bill 13-238.

In working with bills either continuing or reestablishing any division, board, or agency, the

drafter should give special attention to section 24-34-104 (7)(a), C.R.S., which provides that

"... a committee of reference may not continue, reestablish, or amend the functions of more

than one division, board, or agency in any one bill for an act, and the title of the bill must

include the name of the division, board, or agency." When drafting and checking bills that

continue a division, board, or agency subject to termination under the "Sunset Law" in

section 24-34-104, C.R.S., the drafter should include in the title of the bill some mention of

the name of the division, board, or agency.

If the sponsor asks the drafter to prepare a bill terminating an agency or its functions at a

time other than the regularly scheduled termination date in section 24-34-104, C.R.S., it is

important for the drafter to ascertain from the sponsor the desired result. For example, is the

statutory function to be completely abolished? Or are the functions to be assumed by another

administrative unit? The drafter should determine whether all the powers, duties, and

functions of an agency should be repealed, transferred elsewhere, or assumed by some other

entity and what provisions, if any, are to be made for staff, property, records, and so forth.

This may involve changing the Administrative Organization Act in article 1 of title 24,

C.R.S. The provisions of the law creating the agency may have to be repealed as well as any

provisions that are so closely tied to the agency as to have no meaning or effect if the agency

is gone. Additionally, the paragraph listing the agency in section 24-34-104, C.R.S., should

be repealed, and care should be taken to ensure that this repeal is effective on the same date

as the repeal of the provisions creating the agency.

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6.5 OTHER SPECIAL STATUTORY REQUIREMENTS

Pursuant to direction from the legislative leadership, the Office of Legislative Legal Services

is responsible for informing members of bills that are affected by certain statutory

requirements in addition to the regular legislative procedures. Drafters should identity six

types of bills subject to special statutory requirements in addition to regular legislative

procedures. If a bill is identified, the Office informs the prime sponsor of the special statutory

requirements, attaches a letter to the bill when introduced that indicates the special

requirements, and gives a copy of the letter to the chair of the committee of reference to

which the bill is referred. Examples of these letters are in Appendix J of this manual. The

last category of special requirements, sunrise issues, discussed in section 6.5.6, below, does

not require a letter but does require the drafter to be aware of the statutory procedures for

new regulation of profession or occupation not previously regulated.

6.5.1 Health Care Coverage Mandates

Section 10-16-103, C.R.S., requires the submission of a report with any bill mandating a

health coverage or offering of a health coverage by a health care coverage (health insurer)

entity. The report must address the social and financial impacts of such a requirement, and

the statute sets forth the specifics to be included in the report. This statute is silent on what, if

anything, the legislative committee of reference must do with the report. An office

memorandum detailing how the General Assembly should implement section 10-16-103,

C.R.S., is found in Appendix J of this manual.

6.5.2 Impacts on Criminal Justice System

Section 2-2-701, C.R.S., requires any bill that is introduced at any session that affects

criminal sentencing and that may result in a net increase or a net decrease in periods of

imprisonment in state correctional facilities to be reviewed by the director of research of the

legislative council for the purpose of providing information to the General Assembly on the

long-term impact that may result from the passage of the bill. Section 2-2-702, C.R.S.,

requires all bills affecting criminal sentencing that would result in a net increase in periods of

imprisonment in a state correctional facility to be assigned or referred to the appropriations

committee of the house of origin. Section 2-2-703, C.R.S., requires that any bill that results

in a net increase in periods of imprisonment in state correctional facilities must include an

appropriation of money sufficient to cover any increased capital construction costs and

increased operating costs that are the result of such bill in each of the first five years in which

there is a fiscal impact related to the bill. Exceptions to this requirement are permitted if the

exception is expressed in the bill itself. The costs of the bill may be offset by corresponding

reductions to other criminal sentences in the same bill or some other bill so long as the

connection is clearly made. Examples of statutory appropriations and exceptions from the

requirement to comply with this provision can be found in Appendix E of this manual. See

section 7.3.4.3 of this manual for more information on the potential placeholder

appropriation and the 5-year statutory appropriation language.

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6.5.3 Capital Development Committee

Section 2-3-1304 (1), C.R.S., gives the Capital Development Committee jurisdiction for

purposes of determining the priority to be accorded proposals made by entities of state

government for capital construction, controlled maintenance, and capital asset acquisitions.

The committee is to make determinations based upon information available to the

committee based on estimates of revenue available for these purposes.

6.5.4 Number of Judges

Section 10 (3) of article VI of the Colorado constitution requires a two-thirds vote of the

members of each house for passage of bills that increase or diminish the number of district

judges. In addition, Joint Rule 23 imposes introduction and passage deadlines for such bills.

The Office sends a letter to the committee chair and to leadership about these requirements.

See "Mandatory Cover Letters for Bills" in Appendix J of this manual for the examples of

these letters.

6.5.5 Mandated Continuing Professional Education

Section 24-34-901, C.R.S., requires that information concerning the need for any proposed

mandatory continuing education program be submitted to the office of the executive director

of the department of regulatory agencies prior to introduction of a bill to mandate the

requirement. The executive director analyzes the proposal and files a written report with the

General Assembly on whether the requirement would likely protect the public served by the

professional group. This law does not apply to occupations that had mandatory continuing

education requirements prior to July 1, 1991, or to any bill introduced as a result of an

interim committee study. In practice, reports from the executive director on bills imposing a

continuing education requirement are usually prepared concurrently with the drafting and

introduction of the bill and are considered by a committee of reference when acting on the

bill.

6.5.6 "Sunrise" Issues for New Regulation of a Profession or

Occupation Not Previously Regulated

If a drafter is asked to draft a bill that involves new regulation of a profession or occupation

not previously regulated, the drafter should consult with the sponsor about the applicability

of section 24-34-104.1, C.R.S., which requires that anyone proposing new regulation submit

certain information to the department of regulatory agencies for sunrise review. See section

6.3 for more information on drafting sunrise bills.

6.5.7 Legislative Appointees to Boards, Commissions, and

Committees - Terms and Service at the Pleasure of Appointing

Authority

When creating a board, commission, or committee that authorizes a member of legislative

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leadership to make appointments to that entity, the drafter needs to talk to the bill sponsor

about the sponsor's intent regarding the appointments. The drafter needs to tell the bill

sponsor that section 2-2-325, C.R.S., will operate as the default for the appointees' terms and

reappointment unless the sponsor wants to specify different requirements regarding the

appointees' terms. If the bill does not make specific provisions, section 2-2-325, C.R.S., will

control. Section 2-2-325, C.R.S., provides:

2-2-325. Legislative appointees - boards and commissions - other governmental

bodies. Unless otherwise provided by law, appointments or reappointments of persons to

a board, commission, committee, council, panel, or authority by the speaker of the house of

representatives, the president of the senate, the majority leader of the house of

representatives, the majority leader of the senate, the minority leader of the house of

representatives, or the minority leader of the senate shall expire on the convening date of the

first regular session of each general assembly, and all subsequent appointments or

reappointments shall be made as soon as practicable after such convening date. The person

making the original appointment or reappointment shall fill any vacancy by appointment for

the remainder of an unexpired term. Members appointed or reappointed by the speaker, the

president, the majority leader of the house of representatives, the majority leader of the

senate, the minority leader of the house of representatives, or the minority leader of the

senate shall serve at the pleasure of the appointing authority and shall continue in office

until the member's successor is appointed. (Emphasis added)

6.5.8 Legislative Appointees to Boards, Commissions, and

Committees - Compensation and Expenses

When creating a state board, commission, or committee that authorizes a member of

leadership to appoint legislators to serve on a state entity or when amending a statute to add

appointed legislative members to serve on an existing state entity, the drafter needs to talk to

the bill sponsor about legislative compensation. The drafter needs to tell the bill sponsor that

section 2-2-326, C.R.S., will operate as the default for the payment of compensation and

expenses of the appointed legislators unless the sponsor wants to specify different

requirements. The intention of this language was to establish uniform payments of per diem

and reimbursement of expenses of legislators serving on state entities. If the bill does not

make specific provisions, section 2-2-326, C.R.S., will control. Section 2-2-326, C.R.S.,

provides:

2-2-326. Compensation and expenses for members appointed to and serving on

state entities - definition. (1) Notwithstanding any law to the contrary:

(a) While appointed to any state entity and serving on any state entity during

regular and special sessions of the general assembly, in addition to the base compensation

specified in section 2-2-307 (1), current members of the general assembly are entitled to

receive only the per diem lodging and expense allowances and the travel expenses

authorized by section 2-2-317; and

(b) While appointed to and serving on any state entity when the general assembly

is in recess for more than three days or is not in session, in addition to the base

compensation specified in section 2-2-307 (1), current members of the general assembly are

entitled to receive the amount specified in section 2-2-307 (3)(a) for necessary attendance

at meetings of the state entity and reimbursement for all actual and necessary travel and

subsistence expenses incurred in connection with attendance at meetings of the state entity.

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Mileage rates shall not exceed those authorized for the executive department. All

compensation paid and reimbursements made pursuant to this subsection (1)(b) shall be paid

from appropriations made to the legislative department. (Emphasis added)

(2) For purposes of this section, "state entity" means any board, commission,

committee, task force, authority, enterprise, council, working group, re-view team, or other

entity created or authorized by statute on which current members of the general assembly

are statutorily required to be appointed to serve; except that "state entity" does not include

the Colorado commission on uniform state laws created in section 2-3-601 (1) or the

education commission of the states created pursuant to section 24-60-1201.

6.5.9 Cross-reference Needed for a Bill that Grants Any Person or

Entity the Power of Eminent Domain

Section 38-1-201, C.R.S., declares that because the use of eminent domain "substantially

impacts fundamental property rights it is necessary and appropriate to ensure that

Coloradans can easily determine which governmental entities, corporations, and other

persons may exercise the power of eminent domain...". Section 38-1-202, C.R.S., is

supposed to cross-reference every state constitutional or statutory provision that grants the

power of eminent domain. If the bill grants the power of eminent domain, the drafter should

include an appropriate cross-reference in section 38-1-202, C.R.S., and place it under the

proper category of entity or person.

6.6 RULE-MAKING AUTHORITY

A bill may authorize a state agency to promulgate rules. A drafter may include rule-making

authority in a bill when the bill either creates a new state agency or creates a new program

within an existing state agency. In drafting such a provision, it is important to keep in mind

the following items.

6.6.1 Delegation of Authority to State Agency - Constitutional

Requirements

The General Assembly may delegate to an agency the authority to promulgate rules to carry

out the legislative purposes of an act of the General Assembly. In so doing, the General

Assembly is delegating legislative power to an agency in the executive branch.

Concurrent with such a delegation of legislative power, the General Assembly must include

sufficiently clear standards to ensure that the fundamental policy decisions made by the

elected legislative representatives of the people will not be altered by agency personnel.

Dodge v. Department of Social Services, 657 P.2d 969 (Colo. App. 1982); Elizondo v. State, 194

Colo. 113, 570 P.2d 518 (1978). Otherwise, the delegation may constitute an

unconstitutional delegation of legislative power. The test for determining the propriety of a

legislative delegation is not simply whether the delegation is guided by standards but

whether there are sufficient statutory standards and safeguards, in combination, to protect

against the unnecessary and uncontrolled exercise of discretionary power. Cottrell v. City and

County of Denver, 636 P.2d 703 (Colo. 1981).

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A proper statutory grant of rule-making power allows the General Assembly to establish the

policy and principles to guide the state agency and gives the state agency rule-making

authority to fill in the details that cannot be addressed by the statute. The grant to the agency

of rule-making power consistent with the policy and principles is not a delegation of the

General Assembly's policy determination function but is at most the delegation of the power

to establish rules for the achievement of that policy. See Sutherland Stat. Const. § 4.15.

6.6.2 Drafting Considerations

The drafter should consider the following factors when drafting a rule-making provision:

6.6.2.1 Generally

What specific individual, board, or other entity has rule-making authority? A delegation of

rule-making authority to a "department" or "division" may create ambiguity and should be

avoided.

Which entity or officer in the state agency has historically been given rule-making authority?

Are there existing rule-making provisions for that officer or agency that may provide

examples?

Is the rule-making authority mandatory or discretionary?

Determine if the state agency will be or has been created by a type 1 or a type 2 transfer.

Section 24-1-105, C.R.S., and section 6.1 of this manual describe these types of transfers and

should be reviewed in connection with this determination. Under section 24-1-105 (1) and

(4), C.R.S., a type 1 agency exercises its delegated rule-making power independent of the

head of the principal department to which it is allocated, but the power delegated to a type 2

agency to promulgate rules is exercised by the head of the principal department to which the

agency is allocated.

Therefore, be aware that a delegation of rule-making authority to a type 2 agency may raise

issues as to whether that delegation is intended to be consistent with section 24-1-105,

C.R.S. Specifically, it may be unclear whether rule-making is to be performed by the agency

itself or by the head of the agency's principal department.

If the delegation of rule-making authority involves a type 2 agency, the following options

should be considered:

! Rule-making authority may be delegated to the executive director of the principal

department in which the type 2 agency is located. Two examples of such a delegation

are as follows:

Example 1

X-X-XXX. Powers and duties of executive director. (1) In order to perform his

or her duties, the executive director has the power to:

(a) Promulgate rules in accordance with article 4 of title 24 for the controller and

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the staff of the division of accounts and control in the collection of debts referred to that

office, including such matters as referrals to collection agencies or practicing attorneys for

out-of-state collection of debts, authority to write off, release, or compromise, authorization

of suit filings, and methods of collection of judgments;

* * *

Example 2

X-X-XXX. Surplus and excess equipment and supplies. (1) The executive

director shall promulgate rules to be utilized by the division in governing:

(a) The sale, lease, or disposal of surplus equipment and supplies by public auction

or competitive sealed bidding, but no public employee, which for the purposes of this

subsection (1) includes elected officials, is entitled to purchase any such equipment and

supplies unless such purchase satisfies the conditions specified in subsection (2.1) of this

section; and

(b) The transfer of excess equipment and supplies.

* * *

! If, under the circumstances, it is appropriate for the rule-making authority to be held

by someone other than the executive director, rule-making authority may be

delegated to a type 1 board, commission, division, etc. having authority over the type

2 agency. An example of such a delegation is as follows:

Example 3

X-X-XXX. Child care centers - rules. The state board of health, after consultation

with the division in the department of human services involved in licensing child care

centers and if the committee formed in section X-X-XXX recommends the establishment

of child care facilities in nursing homes, shall promulgate reasonable rules in accordance

with article 4 of title 24 establishing any necessary requirements for operating a day care

center in a nursing home facility. Such rules shall include, but need not be limited to, the

following:

* * *

! Rule-making authority may be delegated to a type 2 agency when the delegation

contains a specific exception to the general rule in section 24-1-105 (4), C.R.S., that

rule-making delegated to a type 2 agency is to be exercised by the head of the

principal department. An example of such a delegation is as follows:

Example 4

X-X-XXX. Division of gaming - creation. There is hereby created, within the

department of revenue, the division of gaming, the head of which is the director of the

division of gaming. The director shall be appointed by, and is subject to removal by, the

executive director of the department of revenue. The division of gaming, the Colorado

limited gaming control commission created in section X-X-XXX, and the director of the

division of gaming shall exercise their respective powers and perform their respective duties

and functions as specified in this article 47.1 under the department of revenue as if the same

were transferred to the department by a type 2 transfer, as such transfer is defined in the

"Administrative Organization Act of 1968", article 1 of title 24; except that the commission

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shall have full and exclusive authority to promulgate rules in accordance with article 4 of

title 24 related to limited gaming without any approval by, or delegation of authority from,

the department.

! Rule-making authority may be delegated to a specific person or entity in the type 2

agency rather than to the agency in general. The delegation to a specific person or

entity may be sufficient to override the general rule in section 24-1-105 (4), C.R.S.,

that rule-making delegated to a type 2 agency is to be exercised by the head of the

principal department. However, the drafter may also want to reinforce this intention

by including an express exception, as in the preceding example. An example of such

a delegation without an express exception is as follows:

Example 5

X-X-XXX. Rules. The director of the division of local government of the

department of local affairs may, after consultation with the affected departments or agencies,

if any, promulgate, adopt, amend, and repeal such rules as may be necessary for the

implementation and administration of the grant program.

! If the delegation of rule-making authority is to a newly created agency, it may be

appropriate to establish the agency by a type 1 transfer instead of a type 2 transfer if

the powers, duties, and functions of the agency are actually of a type 1 variety. If the

grant of rule-making authority is in connection with an existing type 2 agency that

actually has type 1 powers, it may be appropriate to amend the statute and change

the agency to a type 1 agency.

Rule-making authority may be inappropriate for an advisory committee or board.

6.6.2.2 Information From Sponsor

Does the bill sponsor have an idea of specific limits on the agency's rule-making authority? If

so, is there a way to tailor the rule-making provision so that it specifically delineates the

areas or subjects the rules will address? Examples of rule-making provisions granting limited

or specific authority are provided in Appendix H of this manual.

If possible, get a feel for what the agency intends to do through future rule-making to

determine whether it matches the sponsor's intent and draft the provision to specifically

target the rule-making authority to those intentions.

Consider carefully whether a grant of broad rule-making authority is appropriate or will

create problems. Potential issues that may arise from broad authority should be raised, even

if all interested parties agree that the agency should be given that authority. Examples of

rule-making provisions granting an agency broad authority are provided in Appendix H of

this manual.

6.6.2.3 Future Considerations

Look down the road to the day when the agency's rules may come to the office during the

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rule review process. Will it be difficult to determine or understand at that time exactly what

authority the agency has for the rule or rules? Try to avoid a situation where in which you,

as the drafter of the rule-making provision, have to tell a member or agency that there is

confusion over what the language means.

6.6.3 Use of Terminology

6.6.3.1 Use of the Term "Rules"

Section 24-4-102 (15), C.R.S., of the State Administrative Procedure Act provides that "rule"

includes "regulation". Therefore, it is unnecessary to authorize an agency to promulgate

"rules and regulations". The statutes, however, contain many examples of state agencies or

agency directors that are authorized to make or promulgate "rules and regulations", "rules",

"regulations", "standards", "guidelines", "procedures", etc. These terms have frequently been

used interchangeably. Notwithstanding the past use of these various terms, the drafter

should use the term "rules" unless another term is clearly warranted. For example, the term

"guidelines" may be appropriate when an agency is called upon to describe conduct that is

desirable but not required.

Two examples of appropriate terminology in rule-making grants are as follows:

Example 6

X-X-XXX. Rules. The commissioner may promulgate rules necessary for the

administration and enforcement of this article. Such rules shall be promulgated in

accordance with article 4 of title 24.

Example 7

X-X-XXX. Rules. (1) In order to carry out the purposes of this part 15, the state

manager shall promulgate rules in accordance with article 4 of title 24 governing the

following:

(a), (b), (c), etc., limiting the subject matter the rules will address.

* * *

6.6.3.2 Cross-referencing the State Administrative Procedure Act

It is not necessary to include a reference to the State Administrative Procedure Act (article 4

of title 24, C.R.S.) in grants of rule-making authority to a state agency. See Examples 6 and 7

above. Section 24-4-103 (1), C.R.S., and section 24-4-107, C.R.S., are very clear that any

executive branch agency adopting rules must follow the State Administrative Procedure Act.

However, if a drafter does make a cross-reference to the State APA, the way in which the

State APA is referenced will depend on whether the grant of rule-making authority is

permissive or mandatory. Examples of permissive and mandatory rule-making follow. The

statutes currently contain many cross-references to the State APA. The drafter needs to

follow this distinction when editing any existing grants of rule-making authority. To avoid

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any ambiguity about the intent of any changes to one of these existing grants, the drafter

should not delete existing references to the State APA in a statute just to follow the principle

that the citation to the State APA is unnecessary.

Permissive rule-making. Where the grant of rule-making authority provides that the state

agency may make rules, the drafter should specify the grant of authority in a statement

separate from the cross-reference to the State APA. Failure to separate the delegation and

cross-reference may result in ambiguity. Two examples of a correct delegation of permissive

rule-making authority and a cross-reference to the State APA are as follows:

Example 8

X-X-XXX. Rules. The executive director may promulgate rules necessary for the

administration of this article 1. Such rules shall be promulgated in accordance with article

4 of title 24.

Example 9

X-X-XXX. Rules. Pursuant to article 4 of title 24, the director may promulgate

rules necessary for the administration of this part 2 governing (fill in the subject matter the

rules will address).

An example of an incorrect delegation of permissive rule-making authority and a

cross-reference to the State APA is as follows:

Example 10

X-X-XXX. Rules. The executive director may promulgate rules necessary for the

administration of this article 3 in accordance with article 4 of title 24.

Example 10 is incorrect because it could mean that compliance with the State APA is

permissive but not mandatory.

Mandatory rule-making. Where the grant of rule-making authority provides that the agency

shall make rules, the drafter may include a cross-reference to the State APA in the grant as in

Example 7 above or the cross-reference may be stated separately as follows:

Example 11

X-X-XXX. Rules. The director shall promulgate rules for the licensure of

applicants under this part 2. Such rules shall be promulgated in accordance with article 4 of

title 24.

Example 12

X-X-XXX. Rules. The commissioner shall promulgate rules necessary for the

administration and enforcement of this article 5 and in accordance with article 4 of title 24.

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6.6.4 Overly Broad Grants of Rule-making Authority

A drafter should avoid extremely vague grants of rule-making authority such as, "The board

may adopt rules that are not inconsistent with this article 2." As noted under section 6.6.1

above, such standardless grants of authority are potentially unconstitutional.

6.6.5 Ambiguous Statements of Delegation

In referring to administrative rule-making, the drafter should use the verb "promulgate" and

refer to "rules". If the sponsor wants an agency to engage in formal rule-making, state "The

department shall promulgate rules..." Do not substitute an inaccurate or ambiguous

statement such as "The department shall adopt standards..." or "The department shall

establish guidelines..." The presumption should be that any standards or guidelines are to be

adopted through the "State Administrative Procedure Act". However, if the sponsor does

not want to require rule-making, but wants the agency to establish policies or procedures, the

drafter should make that clear by stating that the agency need not promulgate the required

procedures, standards, or guidelines as rules under the "State Administrative Procedure

Act".

6.6.6 Additional Examples

Additional examples of statutory provisions authorizing rule-making are contained in

Appendix H of this manual.

6.6.7 Rule Review

When a state agency with statutory rule-making authority promulgates rules, it must do so

pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S. Section

24-4-103 (8)(d), C.R.S., requires the agency to submit those rules to the Office of Legislative

Legal Services for review by staff to determine whether the rules are within the agency's

rule-making authority. A rule that staff determines is not within the agency's constitutional

or statutory authority is presented to the Committee on Legal Services for the action

prescribed in section 24-4-103 (8), C.R.S.

6.7 CREATION OF ENTITIES THAT ARE TEMPORARY IN NATURE

Occasionally, drafters are asked to create a temporary board, commission, committee, or

task force that is established for a single, one-time-only purpose and that can accomplish its

purpose within a relatively short period of time. A temporary board does not include what

are normally called "advisory" boards or any other board that has a continuing function. A

number of practical problems have arisen in the past when the enabling legislation for such

temporary entities was so sketchy that it failed to anticipate the activities and functions

needed by the entity. Often the financial expenses of carrying out the functions are not

anticipated. The drafter should consider the following issues when creating temporary

entities. Sample language for temporary entities is included in Appendix F of this manual.

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6.7.1 Establish Clear Purpose

Establish the clear purpose for the creation of the temporary board (for purposes of this

example, "board" is used although it could be called a commission, committee, task force,

etc.). A temporary board is one that is established for a single, one-time-only purpose and

that can accomplish its purpose within a relatively short period of time.

6.7.2 Membership

The drafter should consider the following issues relating to membership:

1. Establish the number of members.

2. Establish qualifications for appointments (optional):

a. Political balance;

b. Geographic representation;

c. Ethnic balance;

d. Representation from specific groups, occupations, fields of knowledge or training,

etc.

3. Establish how appointments are made and when.

4. Establish chair of board.

5. Establish compensation provisions:

a. Can provide that members serve without compensation;

b. Executive branch officials generally serve without compensation;

c. If the board has legislative members, they generally get reimbursed for necessary

expenses and get the per diem allowed members of interim committees. (Note: this

will drive a fiscal note - the fiscal note may be eliminated by putting in language that

says the compensation is paid from available appropriations to the General

Assembly.) The term "compensation" generally covers both per diem and expenses.

d. If all members are paid compensation, this will drive a fiscal note.

6.7.3 Meetings

Establish the minimum number of meetings (this will affect the fiscal note) and when the

first meeting should be held.

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6.7.4 Duties

Establish duties and responsibilities of the board or issues to be studied if needed to

supplement the language establishing the purpose and objective of the board.

6.7.5 Staff Support

1. Establish what legislative agencies and/or executive agencies are to provide staff support

for the board.

2. Establish which of the legislative or executive agencies will serve as the lead staff agency.

3. Establish whether the legislative agencies and/or executive agencies will need an

additional appropriation in order to provide staff support (this may drive a fiscal note - the

fiscal note may be eliminated by putting in language that says staff assistance will be

provided from available appropriations to the agency). If an appropriation is necessary, an

appropriation can be made to all affected agencies or can be made to the lead agency only

with that agency making payments to the other affected agencies.

6.7.6 Recommendations

1. Establish to whom the recommendations of the board are to be made and when.

2. Establish in what form the recommendations are to be made.

a. Are the recommendations to be made in the form of a bill or bills?

b. If in the form of a bill or bills, are they to be presented to the Legislative Council

like other interim committee bills and do the rules relating to interim committee bills

apply?

6.7.7 Sunset Provisions or Termination Dates

Establish a repeal date for the section establishing the board in accordance with

sunrise/sunset provisions. Section 2-3-1203 (1)(a), C.R.S., limits the life of a newly created

board to ten years. A board that will last fewer than ten years is not subject to the required

sunset review process.

If the bill is not subject to sunrise/sunset provisions, the drafter needs to specify a

termination date and include the statutory language required for the creation of state boards

and commissions as set forth in section 24-3.7-101, C.R.S. If the bill is subject to

sunrise/sunset provisions, the drafter needs to follow the process specified in section 6.3.

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6.8 REFERENCES TO UNITS OF GOVERNMENT NOT CREATED

BY STATUTE OR REFERENCES TO NON-GOVERNMENTAL

GROUPS OR ENTITIES

As a general rule, a drafter should not refer to a division, section, or unit of state government

by name unless that division, section, or unit is created by statute. If a division, section, or

unit of state government has been statutorily created, it is most likely included in and the

proper name may be found in the "Administrative Organization Act of 1968", article 1 of

title 24, C.R.S. However, if a sponsor requests that a bill include a specific reference to an

existing division, section, or unit that is not created by statute and has been created

administratively, the drafter should include language that makes this fact clear to the reader.

For example, the drafter could include a citation to section 24-1-107, C.R.S., which

authorizes department heads to establish, combine, or reallocate divisions, sections, or units

within their departments. Such a reference would read: "... the division of tax collectors,

created pursuant to section 24-1-107." Another option would be to say "... the division in the

department responsible for tax collectors".

Similarly, a drafter should not refer to non-governmental groups or entities in a bill. Such a

reference may raise legal issues for the bill. Examples of possible concerns are: (1) Is there a

violation of the constitutional prohibition on special legislation in section 25 of article V of

the constitution; (2) Is there a violation of the constitutional prohibition on appropriations to

private institutions in section 34 of article V of the constitution; (3) Is there an unlawful

delegation in violation of section 35 of article V of the constitution? Additionally, such a

reference might imply that the group or entity can be required to perform certain

government-like functions. However, the group or entity can not be required to continue or

begin to perform certain functions. The group or entity might be dissolved or simply go out

of business. If a sponsor requests that a bill include a specific reference to such a group or

entity, the drafter should use general descriptive terminology. For example, the drafter could

include a general reference to groups or entities that perform certain functions. Such a

reference would read: "...a contract may be awarded to a nationally organized group or

entity that provides services determined by the director to be the equivalent of the services

specified in this section" or "a representative of a nonprofit organization that advocates for

the homeless may be appointed to the board."

6.9 PERIODIC REPORTING REQUIREMENTS BY EXECUTIVE

BRANCH AGENCIES AND BY THE JUDICIAL BRANCH

Pursuant to the "Information Coordination Act", section 24-1-136 (11), C.R.S., effective

July 1, 1996, whenever any report is required or allowed to be made to the General

Assembly by an executive agency or the judicial branch on a periodic basis, the requirement

for such report shall expire on the day after the third anniversary of the date on which the

first report is due to the General Assembly, unless the General Assembly acting by bill

continues the requirement. When drafting a bill that requires periodic reporting, the drafter

needs to ask the bill sponsor a policy question about whether the sponsor wants the reporting

to go on indefinitely or to be subject to expiration after the third anniversary of the first

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report pursuant to this statute. If the bill sponsor wants the reporting requirement to continue

for a longer period of time or indefinitely, the drafter needs to write that into the bill and

should make clear that this is an exception to section 24-1-136 (11)(a)(I), C.R.S.

Example:

Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit

the report required in this section continues indefinitely.

If the bill sponsor does not intend to have the reporting requirement continue for more than

the statutorily defined period, then the drafter should include a repeal of the periodic

reporting as shown in the following example.

Example:

(3) (a) The department of education shall submit a report on July 1, 2007, and every

July 1 thereafter on the number of grants awarded to local school districts to improve

reading programs and the success of each grant recipient in increasing CSAP reading scores.

(b) Pursuant to section 24-1-136 (11)(a)(I), this subsection (3) is repealed, effective

July 1, 2010.

6.10 JUDICIAL REVIEW OF EXECUTIVE BRANCH AGENCY

DECISIONS & GIVING INITIAL JURISDICTION TO THE

COLORADO COURT OF APPEALS

Pursuant to section 1 of article VI of the state constitution, the General Assembly created an

intermediate court of review known as the Colorado Court of Appeals. See section 13-4-101,

C.R.S. By case law, the General Assembly's authority to determine the jurisdiction of the

Court of Appeals is exclusive and is set forth in section 13-4-102, C.R.S. If the drafter

provides for judicial review by the Court of Appeals of a final decision by an executive

branch agency, the drafter needs to amend section 13-4-102 (2), C.R.S., to specifically give

the court initial jurisdiction over the appeal.

6.11 RECOMMENDED LANGUAGE FOR CRIMINAL

BACKGROUND CHECKS

On occasion a bill sponsor wants to impose a statutory requirement that a licensee must

submit to a criminal background check with fingerprints in order to obtain a license from an

executive branch agency. The language for a criminal background check must be written in

a particular way or the federal bureau of investigation will not perform the background

check. This is the recommended language to use for a criminal background check and is

available in a macro:

(__) With the submission of an application for a license granted pursuant to this

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[C.R.S. subdivision], each applicant shall submit a complete set of his or her fingerprints to

the [name of entity]. The [name of entity] shall submit the fingerprints to the Colorado

bureau of investigation for the purpose of conducting fingerprint-based criminal history

record checks. The Colorado bureau of investigation shall forward the fingerprints to the

federal bureau of investigation for the purpose of conducting fingerprint-based criminal

history record checks. The [name of entity] may acquire a name-based criminal history

record check for an applicant or a license holder who has twice submitted to a

fingerprint-based criminal history record check and whose fingerprints are unclassifiable.

An applicant who has previously submitted fingerprints for state or local licensing purposes

may request the use of the fingerprints on file. The state licensing authority or local

jurisdiction shall use the information resulting from the fingerprint-based criminal history

record check to investigate and determine whether an applicant is qualified to hold a state

or local license pursuant to this [C.R.S. subdivision]. The [name of entity] may verify the

information an applicant is required to submit. The applicant shall pay the costs associated

with the fingerprint-based criminal history record check to the Colorado bureau of

investigation.

The bill should address who is responsible for paying the cost of the background check. The

last sentence is optional and is one example of how to cover the cost of the background

check. The drafter should check that this is how the sponsor wants the cost to be covered.

EXECUTIVE BRANCH AGENCIES 6-27

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CHAPTER 7: FUNDING: APPROPRIATIONS,

TRANSFERS, AND SPECIAL FUNDS

7.1 INTRODUCTION

The drafter should carefully consider the funding implications of each bill: Does the bill cost

money to implement? If so, where does the money come from? In many cases, it is necessary

to appropriate money in the bill to implement its provisions. In some cases, it is necessary to

establish a mechanism that provides a source of revenue to fund the bill, and in other cases it

may be desirable to create a cash fund to hold the revenue collected to fund the bill. This

section addresses the drafting of appropriation sections and other provisions that establish

cash funds.

7.2 APPROPRIATIONS GENERALLY

7.2.1 Constitutional Background - Meaning of "Appropriation"

Article V, section 33 of the Colorado Constitution states: "No moneys in the state treasury

shall be disbursed therefrom by the treasurer except upon appropriations made by law, or

otherwise authorized by law...." Accordingly, under the constitutional separation of powers

doctrine, the General Assembly has plenary or absolute power over appropriations, subject

only to constitutional limitations.

The plenary power of the General Assembly over

appropriations is the power "'to set apart from the public revenue a certain sum of money for

a specified object, in such manner that the executive officers of the government are

authorized to use that money, and no more, for that object and for no other.'"

An "appropriation" is legal authority for an agency to expend a specified sum of money for a

specified purpose, and a state agency may only expend money from the state treasury for a

particular purpose if the agency has a legislative appropriation for that purpose or if the

expenditure is "otherwise authorized by law." Since most state government programs

depend on the level of funding provided, the drafter must understand appropriations in order

to adequately address the possible funding implications of each bill.

7.2.2 Long Bill - Supplemental Appropriation Bills

Most appropriations for state departments, agencies, and institutions are included in the

annual general appropriations bill, commonly known as the "long bill," which the joint

Colorado General Assembly v. Lamm, 704 P.2d 1371, 1380 (Colo. 1985); MacManus v. Love, 179 Colo. 218,

499 P.2d 609 (1972).

Colorado General Assembly v. Lamm, 700 P.2d 508, 520 (Colo. 1985) (quoting People ex rel. Ammons v.

Kenehan, 55 Colo. 589, 598, 136 P. 1033, 1036 (1913)).

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budget committee staff drafts and the joint budget committee sponsors. Under article V,

section 32 of the Colorado Constitution, the long bill may only contain appropriations.

Thus, the long bill may not include any substantive law and is not included in the Colorado

Revised Statutes. The long bill adopted each legislative session applies primarily to the

upcoming fiscal year beginning July 1. During the next legislative session, the joint budget

committee usually sponsors various "supplemental appropriation bills" to amend the long

bill for the current fiscal year. A "supplemental appropriation" provides funds for operations

only during the fiscal year in which it is enacted. In addition, other members of the General

Assembly may sponsor special appropriation bills that contain only appropriations.

7.2.3 Appropriation Sections in Substantive Bills

Often a bill that amends the permanent statutes also includes an appropriation section to

ensure that money is made available to cover the costs of implementing the bill. It is

standard practice to include an appropriation section in a bill that creates a new state agency

or adds new functions to an existing state agency. The drafter may include an appropriation

section in the bill as introduced, but in most cases the joint budget committee staff will draft

an appropriation section to be added as an amendment to the bill in the appropriations

committee.

7.2.4 Additional Constitutional Considerations

The drafter should become familiar with two constitutional provisions that specifically

address appropriations. Article V, section 32 of the Colorado Constitution imposes the

single-subject rule on all appropriations bills other than the long bill, and article V, section 34

of the Colorado Constitution prohibits appropriations to private or religious groups. While

the General Assembly cannot directly appropriate money to private groups or individuals,

the General Assembly may appropriate money to state agencies that purchase services from,

or make grants and loans to, private groups or individuals. If the drafter believes that any of

these constitutional provisions call the validity of an appropriation into question, the drafter

should consult a senior staff member of the Office of Legislative Legal Services.

7.2.5 Relevant Statutory Provisions

The drafter should be familiar with statutory provisions that relate to the appropriations

process. For reference, some of these sections are:

Section Subject

2-2-703 Funding must be provided in bills that result in a net

increase in periods of imprisonment in state correctional

facilities

2-4-215 Future general assemblies are not bound by legislation

requiring an appropriation

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Section Subject

24-77-106

43-1-112.5

The General Assembly in its plenary authority intends to

make fundamental fiscal policy decisions and limit state cash

fund revenue to ensure compliance with the Taxpayer's Bill

of Rights (TABOR). Section 43-1-112.5, C.R.S., specifically

pertains to the transportation commission and department of

transportation.

24-36-102 Principal function of the treasury department is receipt of

state money

24-36-103 State agencies must transmit all fees and taxes collected to

the treasury department

24-36-114 Interest earned on state money must be credited to the

general fund, unless otherwise expressly provided by law

24-37-Parts 2 and 3 The office of state planning and budgeting has specified

responsibilities regarding state planning and budgeting.

24-75-102 Reversion of unexpended appropriations; amount

determined no later than 35 days after the end of the fiscal

year

24-75-105 to 24-75-111 Authorization for transfers of state money between lines of

appropriation; expenditures in excess of appropriations

24-75-201 General fund created - all state revenue must be credited to

the general fund unless otherwise provided by law

24-75-201.1 Restrictions on state general fund appropriations; required

general fund reserve

24-75-212 Legislative reporting of federal money

24-75-Part 3 Capital construction fund

24-75-303 (5) Three-year appropriations for capital construction

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Section Subject

24-75-402 Limits on uncommitted cash fund reserves; reductions in

fees

24-75-Part 6 Legal investments of public funds

24-76-101 to 24-76-102 Federal funds - appropriations and reporting. But see Colorado

General Assembly v. Lamm, 738 P.2d 1156 (Colo. 1987).

24-Article 77 Implementation of section 20 of article X of the state

constitution (TABOR)

24-77-106 Annual allowable revenue and expenditures - all state

departments

24-82-102 State acquisition of real property

24-82-Part 7 Master leasing

24-82-Part 8 State acquisition of real or personal property; lease-purchase

agreements

43-1-106 (8)(h), 43-1-113 State transportation funds and budgets

43-1-112.5 Annual allowable revenue and expenditures - transportation

43-4-201 Highway users trust fund created - limitations on

appropriations

7.3 CONSIDERATIONS IN DRAFTING APPROPRIATION SECTIONS

7.3.1 Indicating Appropriations in Bill Titles

The title of a bill that contains an appropriation section that makes or reduces an

appropriation should indicate that fact. Depending on the type of section, the drafter should

add one of the following trailers at the end of the title:

! "..., AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION." - The

drafter should use this phrase if the bill makes a new appropriation or

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increases an existing appropriation.

! "..., AND, IN CONNECTION THEREWITH, REDUCING AN APPROPRIATION." -

The drafter should use this phrase if the bill reduces an existing appropriation.

! "..., AND, IN CONNECTION THEREWITH, MAKING AND REDUCING

APPROPRIATIONS." - The drafter should use this phrase if the bill reduces an

existing appropriation and makes a new appropriation or increases an existing

appropriation. An example of this situation is a bill that reduces an

appropriation to a department and then uses the resulting savings to pay for a

new program created in the bill.

The drafter should always write the first two trailers shown above in the singular form. If the

bill already has a trailer, the drafter can add the correct appropriation phrase at the end of

the existing trailer.

If the introduced version of the bill includes an appropriation section, the drafter should

include the correct appropriation trailer in the introduced bill title. Similarly, if an

appropriation section is added by amendment, the drafter of the amendment should include

language that amends the title of the bill to indicate the addition of the appropriations

section.

Some appropriation sections do not make or reduce an appropriation. For example, the

drafter may include an appropriation section to adjust the number of FTE or to identify

federal funds that are noted for informational purposes only. In this instance, the drafter

should not include an appropriation trailer in the bill title.

7.3.2 Required Elements

Every appropriation must contain at least the following five elements, which are discussed in

detail in 7.3.4 to 7.3.8 of this Chapter:

1. When the money appropriated is available for expenditure;

2. From where the money is appropriated - a cash fund or the general fund (for example,

"from the license plate cash fund created in section 42-3-301 (1)(b), C.R.S.," or "from

the general fund");

3. To whom the appropriation is made;

4. The amount of the appropriation; and

5. The purpose for which the appropriation is made.

7.3.3 Basic Format

There is a basic, three-sentence format that applies for most appropriation clauses. Example:

SECTION _. Appropriation. For the 20[XX]-[YY] state fiscal year, $______ is

appropriated to the department of ______ for use by the ______. This appropriation is

from the general fund and is based on an assumption that the ______ will require an

additional ______ FTE. To implement this act, the ______ may use this appropriation

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for ______.

The first sentence describes the fiscal year, the amount of the appropriation, and the

department. If the drafter needs to identify a specific division or other departmental unit to

use the appropriation, then the drafter should identify the division after the department with

the phrase "for use by the division/departmental unit of ___." The result is that, with cursory

review, a reader will know the essential information about the appropriation.

The second sentence identifies the source of the appropriation. If the source is a cash fund,

the second sentence identifies the statutory citation for the fund, and attributes the citation to

"C.R.S." Note, this is an exception to the general rule to spell out "Colorado Revised

Statutes" in nonstatutory materials. It is unnecessary to have a citation for the general fund.

Also, rather than "appropriating" an FTE, the second sentence describes the associated FTE

consistent with the definition of "FTE" that applies to the Long Bill, which complies with

Colorado case law. The second sentence should attribute the FTE to the division or other

departmental unit if a division or department is identified in the first sentence.

The third sentence specifically identifies how the department is permitted to use the

appropriation. Again, if the first sentence identifies a division or departmental unit, the

division or departmental unit should be the actor in the third sentence. In many instances,

this last sentence will include additional details about a program or a subdivision within the

long bill, so that the specified use corresponds to a long bill appropriation. The drafter has

some flexibility in the phrasing used to add this additional information, but the content will

likely begin with "for," "to," or "related to."

7.3.4 Designating Time Period for Appropriations

7.3.4.1 General Provisions

If an appropriation does not designate a time period for the availability of an appropriation,

it is presumed that the money appropriated is intended to be available for the fiscal year

beginning on July 1 of the following year. But the better practice is to include the phrase

"For the [insert appropriate fiscal year number in the format of 20xx-xx] state fiscal year,".

Example:

SECTION _. Appropriation. For the 20[XX]-[YY] state fiscal year, $____ is

appropriated to the department of _______. This appropriation is from the general fund. To

implement this act, the department may use this appropriation for _____.

Occasionally, it is necessary to fund operations immediately upon passage of an act, i.e.,

during the current fiscal year, and to have the appropriation roll forward to the next fiscal

year as well. In such instances, the drafter should use an appropriation section in the format

of the following example:

SECTION _. Appropriation. For the 2018-19 state fiscal year, $_____ is

appropriated to the department of ______. This appropriation is from the _____ fund created

in section _____, C.R.S., and is based on the assumption that the department will require an

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additional _____ FTE. To implement this act, the department may use this appropriation for

_______. Any money appropriated in this section not expended prior to July 1, 2019, is

further appropriated to the department for the 2019-20 state fiscal year for the same purpose.

7.3.4.2 Reversion of Unexpended Appropriations

Pursuant to section 24-75-102, C.R.S., at the end of the fiscal year for which an

appropriation is made, the unexpended amount of every appropriation reverts to the fund

from which the appropriation was made, unless otherwise provided by law, such as in the

statute governing the fund from which the appropriation was made.

In addition, a bill may transfer money appropriated from the general fund, which money

would otherwise revert to the general fund, to another fund on either a one-time basis or a

permanent basis. For a discussion of this type of transfer, see section 7.4.

7.3.4.3 Special Rule for Certain Corrections Bills

Section 2-2-703, C.R.S., requires a bill that results in a net increase in periods of

imprisonment in state correctional facilities to include an appropriation "sufficient to cover

any increased capital construction costs and any increased operating costs which are the

result of such bill in each of the first five years in which there is a fiscal impact as a result of

the bill." The language needed to accomplish this sort of appropriation varies with the

timing and nature of the fiscal impact of different bills, but the drafter should generally

include the appropriation in the substantive text of such a bill rather than in a separate

appropriation section.

The total amount of the increased capital construction costs are often unknown at the time

the bill is introduced. In those cases, the drafter should include the following placeholder

provision, which will be amended out in the appropriations committee:

SECTION _. Potential appropriation. Pursuant to section 2-2-703, C.R.S., any

bill that results in a net increase in periods of imprisonment in the state correctional facilities

must include an appropriation of money that is sufficient to cover any increased capital

construction, any operational costs, and increased parole costs that are the result of the bill

for the department of corrections in each of the first five years following the effective date

of the bill. Because this act may increase periods of imprisonment, this act may require a

five-year appropriation.

Because the placeholder section does not actually include an appropriation, it is not

necessary for the drafter to include the appropriation trailer in the bill title of the introduced

bill. The drafter or joint budget committee staff should add the trailer with the amendment in

the appropriations committee, assuming that the bill receives an appropriation.

In the appropriations committee, the drafter or joint budget committee staff should prepare

an amendment to replace the placeholder provision with the required statutory change. The

following is an example of the suggested language format:

17-18-127. Appropriation to comply with section 2-2-703 - HB 19-1212 - repeal.

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(1) Pursuant to section 2-2-703, the following statutory appropriations are made in order

to implement House Bill 19-1212, enacted in 2019:

(a) For the 2019-20 state fiscal year, one hundred thousand dollars is appropriated

from the capital construction fund created in section 24-75-302 to the corrections expansion

reserve fund created in section 17-1-116.

(b) (I) For the 2020-21 state fiscal year, one hundred thousand dollars is

appropriated from the capital construction fund created in section 24-75-302 to the

corrections expansion reserve fund created in section 17-1-116.

(II) For the 2020-21 state fiscal year, fifty thousand dollars is appropriated to the

department from the general fund.

the capital construction fund created in section 24-75-302 to the corrections expansion

reserve fund created in section 17-1-116.

(II) For the 2021-22 state fiscal year, twenty-five thousand dollars is appropriated

to the department from the general fund.

(d) (I) For the 2022-23 state fiscal year, twenty-five thousand dollars is

appropriated from the capital construction fund created in section 24-75-302 to the

corrections expansion reserve fund created in section 17-1-116.

(II) For the 2022-23 state fiscal year, eighteen thousand dollars is appropriated to

the department from the general fund.

(e) (I) For the 2023-24 state fiscal year, eighteen thousand dollars is appropriated

from the capital construction fund created in section 24-75-302 to the corrections expansion

reserve fund created in section 17-1-116.

(II) For the 2023-24 state fiscal year, eleven thousand dollars is appropriated to the

department from the general fund.

(2) This section is repealed, effective July 1, 2024.

The drafter should also amend section 24-75-302 (2), C.R.S., to make the necessary increase

to the statutory transfer of money from the general fund to the capital construction fund so

sufficient money exists in the capital construction fund to fund the appropriation to the

corrections expansion reserve fund. The following is an example of the language to include

in the bill:

SECTION X. In Colorado Revised Statutes, 24-75-302, add (2)(gg), (2)(hh),

(2)(ii), (2)(jj), and (2)(kk) as follows:

24-75-302. Capital construction fund - capital assessment fees - calculation -

information technology capital account - repeal. (2) The controller shall transfer a sum

as specified in this subsection (2) from the general fund to the capital construction fund as

moneys become available in the general fund during the fiscal year beginning on July 1 of

the fiscal year in which the transfer is made. Transfers between funds pursuant to this

subsection (2) are not appropriations subject to the limitations of section 24-75-201.1. The

amounts transferred pursuant to this subsection (2) are as follows:

(gg) FOR THE 2019-20 FISCAL YEAR, ONE HUNDRED TWENTY-FIVE THOUSAND ONE

HUNDRED SIXTY-FIVE DOLLARS PURSUANT TO H.B. 19-1212, ENACTED IN 2019;

(hh) FOR THE 2020-21 FISCAL YEAR, ONE HUNDRED TWENTY-FIVE THOUSAND ONE

HUNDRED SIXTY-FIVE DOLLARS PURSUANT TO H.B. 19-1212, ENACTED IN 2019;

(ii) FOR THE 2021-22 FISCAL YEAR, ONE HUNDRED TWENTY-FIVE THOUSAND ONE

HUNDRED SIXTY-FIVE DOLLARS PURSUANT TO H.B. 19-1212, ENACTED IN 2019;

(jj) FOR THE 2022-23 FISCAL YEAR, ONE HUNDRED TWENTY-FIVE THOUSAND ONE

HUNDRED SIXTY-FIVE DOLLARS PURSUANT TO H.B. 19-1212, ENACTED IN 2019;

(kk) FOR THE 2023-24 FISCAL YEAR, ONE HUNDRED TWENTY-FIVE THOUSAND ONE

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HUNDRED SIXTY-FIVE DOLLARS PURSUANT TO H.B. 19-1212, ENACTED IN 2019.

Over time, the General Assembly has developed a de minimis exception to the statutory

appropriation requirement. In that circumstance, the drafter should use the following

section:

SECTION _. Exception to the requirements of section 2-2-703, C.R.S. The

general assembly hereby finds that the amendments to section _____, C.R.S., enacted in

section _____ of this act will result in the minor fiscal impact of one additional offender

being convicted and sentenced to the department of corrections during the five years

following the effective date of this act. Because of the relative insignificance of this degree

of fiscal impact, these amendments are an exception to the five-year appropriation

requirements specified in section 2-2-703, C.R.S.

Finally, the drafter should note that, notwithstanding the requirements of section 2-2-703,

C.R.S., because section 2-4-215, C.R.S., prevents one General Assembly from binding future

general assemblies, a General Assembly may refuse to make appropriations required by

statute by simply amending or repealing the relevant statutory provisions.

7.3.4 Special Rule for Capital Construction Bill Appropriations

In accordance with section 24-75-303 (5), C.R.S., which codified the practice typically used

by the joint budget committee for capital construction appropriations in the long bill, the

drafter, subject to exceptions specified in the statute, should indicate in the appropriation

section of a substantive-law bill that makes an appropriation for a capital construction

budget item, or an information technology capital project, that the appropriation made will

be available for three years or until completion of the project, whichever comes first, by

including the following language:

SECTION _. Appropriation. (1) For the 20[XX]-[YY] state fiscal year, $____ is

appropriated to the department of ________. This appropriation is from the capital

construction fund created in section 24-75-302, C.R.S. To implement this act, this

appropriation is for [insert description of project].

(2) The appropriation made in subsection (1) of this section is available upon

passage of this act, and, if any appropriated project is initiated within the fiscal year, the

appropriations for the project remain available until completion of the project or for a period

of three years, whichever comes first, at which time such unexpended and unencumbered

balances revert to the capital construction fund.

7.3.5 Designating the Source of Funding

7.3.5.1 General Provisions

Bills may be funded from the general fund or from cash funds. For a discussion of the

funding of bills through cash funds, see section 7.5.

Section 24-75-201.1 (1)(a)(II.5), C.R.S., imposes a limitation on total annual general fund

appropriations. As a general rule, general fund appropriations cannot exceed "such moneys

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as are necessary for reappraisals of any class or classes of taxable property for property tax

purposes as required by section 39-1-105.5, C.R.S., plus an amount equal to five percent of

Colorado personal income." Id.

7.3.5.2 Bills Making Long Bill Adjustments

Bills sometimes include "long bill adjustments" in their appropriation sections. Typically,

these bills cost money to implement but also save money in other governmental programs. A

bill of this kind will include an appropriation for the costs of implementing the bill and a

provision that describes reductions in specified line-item appropriations for ongoing

programs in the long bill for the upcoming fiscal year. (The long bill cannot be amended

directly since it is not yet law.) The drafter should generally use this type of appropriation

clause only if part of the appropriation decreases a line item in the long bill.

In drafting a long bill adjustment, the drafter must precisely identify the line items to be

adjusted and the amount of each adjustment. If the long bill is already introduced, the

drafter should look at the line items in the bill to be adjusted and use the same wording used

in the long bill. If the long bill is not yet introduced, the drafter should look at the language

from the previous long bill, on the assumption that the wording of the line items will be

similar in both long bills. Example:

SECTION _. Appropriation - adjustments to 2019 long bill. (1) To implement

this act, appropriations made in the annual general appropriation act for the 2019-20 state

fiscal year to the department of public health and environment for use by the water quality

division are adjusted as follows:

(a) The general fund appropriation for administration is decreased by $8,955, and

the related FTE is decreased by 0.3 FTE;

(b) The cash funds appropriation from the water quality improvement fund created

in section 25-8-608 (1.5), C.R.S., for water quality improvement is decreased by $35,722;

and

increased by $44,727, which consists of $34,700 from the general fund and $10,027 from

the drinking water cash fund created in section 25-1.5-209 (2), C.R.S., and which total

amount is based on an assumption that the division will require an additional 1.2 FTE.

7.3.5.3 Bills Funded from General Fund Savings in Other Bills

In certain circumstances, the General Assembly will link the funding of one bill to savings

that will occur by the passage of a second bill. In this situation, there is no adjustment of the

long bill as generally occurs when the funding and savings are included in the same bill; the

two bills are generally unrelated to each other. The drafter should include language in the

appropriation section to note the legislative intent concerning the funding source and should

include a separate effective date clause as shown in the example. If a member requests that

the savings in a certain bill be used as a funding source, the drafter should remind the

member that the member's bill may be competing with several other bills for the use of the

savings. Example:

SECTION _. Appropriation - legislative intent. (1) For the 20[XX]-[YY] state

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fiscal year, $_____ is appropriated to the department of _____ for use by the [division or

other departmental unit]. This appropriation is from the general fund and is based on an

assumption that the [division or other departmental unit] will require an additional ____

FTE. To implement this act, the [division or other departmental unit] may use this

appropriation for _______.

(2) The appropriation made in subsection (1) of this section derives from savings

generated from the implementation of [House/Senate] Bill [XX]-____, enacted in 20[XX].

SECTION _. Effective date. (1) Except as specified in subsection (2) of this

section, this act takes effect _____, 20[XX].

(2) This act takes effect only if:

(a) The net reduction in the appropriation from the general fund made in

[House/Senate] Bill [XX]-____ is equal to or greater than the amount of the general fund

appropriation made in subsection 1 of section ___ of this act;

(b) [House/Senate] Bill[XX]-_____ is enacted and becomes law; and

revisor of statutes no later than July 1, 20[XX], that the requirement set forth in subsection

(2)(a) of this section has been met.

These clauses have been carefully developed with coordination and input from the joint

budget committee and the revisor of statutes; however, the drafter is advised to

communicate with joint budget committee staff when incorporating these provisions into a

bill. A drafter who substantially deviates from the recommended language should consult

with senior staff in the Office before creating a new type of clause or contingency.

7.3.5.4 Federal Funds

Under a line of Colorado Supreme Court cases interpreting the Colorado Constitution, the

General Assembly generally lacks the power to appropriate federal funds.

Thus, the drafter

should not draft appropriation sections that appropriate federal funds. However, the General

Assembly may want to indicate in a bill how much federal funding the state will receive to

implement the bill by adding one of the following sections to the bill.

If a bill is to be funded entirely with federal funds and the bill sponsor wants to indicate the

amount of federal funding in the bill, the drafter should include the following section in the

bill:

SECTION _. Federal funds. For the 20[XX]-[YY] state fiscal year, the general

assembly anticipates that the department of _____ will receive $_____ in federal funds

to implement this act. This figure is subject to the "(I)" notation as defined in the annual

general appropriation act for the same fiscal year.

If a bill is to be funded by a combination of state and federal funding and the bill sponsor

wants to indicate the amount of federal funding in the bill, the drafter should include an

appropriation section similar to the following example in the bill:

SECTION X. Appropriation. (1) For the 20[XX]-[YY] state fiscal year, $_____

See Colorado General Assembly v. Lamm, 738 P.2d 1156 (Colo. 1987); annotation to section 24-76-101,

C.R.S.

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is appropriated to department of human services for use by the [division or other

departmental unit]. This appropriation is from the general fund and is subject to the "(M)"

notation as defined in the general appropriation act for the same fiscal year. To implement

this act, the [division or other departmental unit] may use this appropriation for _____.

(2) For the 20[XX]-[YY] state fiscal year, the general assembly anticipates that the

department of _____ will receive $_____ in federal funds for _____. The appropriation in

subsection (1) of this section is based on the assumption that the department will receive this

amount of federal funds, which is included for informational purposes only.

7.3.6 Designating the Recipient of an Appropriation

7.3.6.1 General Provisions

Bills generally make appropriations for functions of the executive branch of government to a

principal department or to the office of the governor. A specific unit within that department

or office may be designated as follows: "$_____ is appropriated to the department for use by

[division or other departmental unit]." The drafter must always be sure to use the correct

name of the governmental unit involved, i.e., the name as it is stated in the "Administrative

Organization Act of 1968", article 1 of title 24, C.R.S.

7.3.6.2 Appropriations to Cash Funds

Occasionally, a bill makes an appropriation from the general fund to a specific cash fund.

This can be done either with or without associated spending authority. Example without

associated spending authority:

SECTION _. Appropriation. For the 20[XX]-[YY] state fiscal year, $_____ is

appropriated to the _____ fund created in section _____, C.R.S. This appropriation is

from the general fund. The department of _____ is responsible for the accounting related

to this appropriation.

Example with associated spending authority:

SECTION _. Appropriation. (1) For the 2019-20 state fiscal year, $1,000,000 is

appropriated to the lead school grant program fund created in section 22-36-107 (1), C.R.S.

This appropriation is from the general fund. The department of education is responsible for

the accounting related to this appropriation.

(2) For the 2019-20 state fiscal year, $1,000,000 is appropriated to the department

of education. This appropriation is from reappropriated funds in the lead school grant

program fund under subsection (1) of this section. To implement this act, the department

may use the appropriation as follows:

(a) $200,000 for costs incurred in administering the program, which amount is

based on an assumption that the department will require an additional 2.0 FTE;

(b) $600,000 for grants to school districts with enrollments of 250,000 or more; and

7.3.6.3 Appropriation for a Program

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If the drafter wants to identify the particular program for which the department may spend

the appropriated money, the drafter should include the program in the third sentence as part

of the purpose. Example:

SECTION _. Appropriation. For the 2015-16 state fiscal year, $1,000,000 is

appropriated to the department of labor and employment for use by the division of

employment and training. This appropriation is from the general fund and is based on an

assumption that the division will require and additional 1.7 FTE. To implement this act, the

division may use this appropriation for workforce improvement grants as part of the

employment and training program.

7.3.7 Designating the Amount of the Appropriation

The amount of an appropriation represents the maximum amount of money that the

recipient of the appropriation may spend. For this reason, outside the legislative process an

appropriation is sometimes called "spending authority." "Appropriation" and "spending

authority" generally have the same meaning; however, when the appropriation comes from

a cash fund that depends on revenue collection, the cash fund spending authority cannot

exceed the amount of revenue collected and must equal the amount of revenue collected or

the amount appropriated, whichever is less. The same principle applies if the appropriation

is from reappropriated funds, for example, cash funds appropriated to one state agency that

are spent to pay another agency for services provided: "Spending authority" is limited to the

actual money paid to and received by a state agency or the amount of the appropriation,

whichever is less.

The drafter should express the amount of an appropriation with figures only, for example,

"$1,250,000." This is an exception to the general drafting principle that dollar amounts

should be designated with words only and not numbers.

7.3.8 Designating the Purpose of the Appropriation

The purpose of an appropriation can be very broad or quite specific, depending on the bill

sponsor's intent. The purpose of an appropriation may be simply stated as "to implement this

act." However, in most cases, the purpose will need to be more specific. The drafter can

accomplish this by using the language "to implement section 3 of this act" or by identifying

the specific purpose, such as "to implement the lead school program."

The joint budget committee staff also commonly use appropriation clauses that specify

multiple purposes. Example of a multiple-purpose appropriation from the general fund:

SECTION _. Appropriation. (1) For the 2015-16 state fiscal year, $1,401,000 is

appropriated to the department of education for use by the assessments and data analysis

unit. This appropriation is from the general fund. To implement this act, the unit may use

this appropriation as follows:

(a) $100,000 for personal services, which amount is based on an assumption that

the unit will require an additional 3.5 FTE;

(b) $301,000 for distribution to the districts pursuant to section 22-24-104 (4)(a),

C.R.S.; and

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section 22-24-105, C.R.S.

If more than one division or other departmental unit will receive the appropriation, the

drafter should reference only the department in the first sentence, then identify the particular

departmental units within that department in the succeeding paragraphs. Example:

SECTION X. Appropriation. (1) For the 2019-20 state fiscal year, $670,000 is

appropriated to the department of labor and employment. This appropriation is from the

employment support fund created in section 8-77-109 (1)(a)(I), C.R.S. To implement this

act, the department may use this appropriation as follows:

(a) $400,000 for use by the executive director's office for personal services, which

amount is based on an assumption that the office will require an additional 2.7 FTE;

(b) $166,000 for use by the division of unemployment insurance for employment

and training technology initiatives; and

See sections E.4.2 to E.4.6. in Appendix E of this manual for common examples of

appropriations to multiple departments.

The joint budget committee staff will frequently match the language of the appropriation

section to a line item in the long bill. Example of appropriation from a cash fund:

SECTION X. Appropriation. For the 2019-20 state fiscal year, $35,000 is

appropriated to the department of public health and environment for use by the hazardous

materials and waste management division. This appropriation is from the hazardous waste

service fund created in section 25-15-304, C.R.S., and is based on an assumption that the

division will require an additional 0.3 FTE. To implement this act, the division may use this

appropriation for personal services related to the hazardous waste control program.

The drafter may also use the format used in the following example to appropriate money for a

purpose identified in the long bill.

Section _. Appropriation. For the 2019-20 state fiscal year, $1,272,133 is

appropriated to the judicial department. This appropriation is from the general fund and is

based on an assumption that the department will require an additional 14.2 FTE. To

implement this act, the department may use this appropriation as follows:

Trial courts

Trial court programs $700,394 (8.8 FTE)

Probation and related services

Probation Programs $152,261 (2.3 FT)

Centrally-administered programs

Courthouse capital and infrastructure maintenance $231,126

Office of the state public defender

Personal services $184,970 (3.1 FT)

Operating expenses $2,945

Attorney registration $437

The drafter should use this clause only if it is difficult for the drafter to match a line item in a

paragraph format or if an appropriation is made for numerous line items.

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7.3.9 Drafting "No Appropriation" and "No FT" Sections

The appropriations committees sometimes add a "no appropriation" section to bills that do

not require an appropriation. A "no appropriation" section expresses a legislative finding

that a bill will not require additional funding. A "no appropriation" section may assist the

bill sponsor by improving the bill's chances of passage, but its primary purpose is to

discourage the implementing agency from making a budget request in future years for the

costs of implementing the bill. Example:

SECTION __. No appropriation. The general assembly has determined that this

act can be implemented within existing appropriations, and therefore no separate

appropriation of state money is necessary to carry out the purposes of this act.

In some cases, the General Assembly may want to indicate that the department is to

implement the bill with existing FTEs, but inclusion of this clause does not actually limit the

department's ability to use the appropriation to increase its number of FTEs. Example:

SECTION _. Appropriation. (1) For the 20[XX]-[YY] state fiscal year, $_____,

is appropriated to the department of _____. This appropriation is from the _____fund

created in section _____, C.R.S. To implement this act, the department may use this

appropriation to_____.

(2) It is the intent of the general assembly that this act can be implemented within

existing FT allocations and that no separate appropriations of state money for FTEs will be

necessary to carry out the provisions of this act.

7.3.10 Drafting "Future Appropriation" Sections

Sometimes a bill is not expected to require funding for implementation during the first fiscal

year, but will require funding in subsequent fiscal years. In these situations, an

appropriations committee may add a "future appropriations" section to warn the General

Assembly of the estimated future costs of the bill. However, a "future appropriations" section

is not actually an appropriation of state money, nor does it obligate the General Assembly to

appropriate any particular amount of money in future fiscal years. See section 2-4-215,

C.R.S. Example:

SECTION __. Future appropriations. Although no appropriation

is included in this act for the 20[XX]-[YY] state fiscal year, it appears that

this act will require appropriations from _____ for subsequent fiscal years,

and the amount required to be appropriated for the fiscal year beginning

with the 20[YY]-[ZZ] state fiscal year is estimated to be $_____.

This type of appropriation section is not favored or commonly used. As such, it is not

included in the appropriation macro available to the drafter in WordPerfect.

7.3.11 Double Appropriations

If identical, duplicate bills are introduced and subsequently enacted that contain duplicate

appropriations for the same purpose, the joint budget committee staff will interpret that as

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two separate appropriations, thereby appropriating twice the amount needed for the

program. In that circumstance, the drafter needs to advise the bill sponsors of the conflict

and work with them to see if one of the bills can be killed to avoid incurring a "double"

appropriation for the same purpose.

7.4 TRANSFERS OF FUNDS OR APPROPRIATIONS

7.4.1 General Provisions

The term "transfer" has different meanings in different situations. "Transfer" may mean

moving money from one fund to another fund, or it may mean moving money from one

item of appropriation to another item of appropriation. A transfer between two line-item

appropriations is essentially two appropriations: A negative supplemental appropriation to

one line item, i.e., a reduction in the line-item appropriation, combined with a matching

positive supplemental appropriation to another line item, i.e., a positive supplemental

appropriation to another line item equal to the reduction in the first line-item appropriation.

Example:

SECTION _. Capital construction appropriation - adjustments to 2019 long

bill. (1) To implement this act, the general fund appropriation made in the annual general

appropriation act for the 2019-20 state fiscal year to the controlled maintenance trust fund

created in section 24-75-302.5 (2)(a), C.R.S. is decreased by $17,000:

(2) For the 2019-20 state fiscal year, $17,000 is appropriated to the department of

revenue for use by the division of motor vehicles. This appropriation is from the general

fund. To implement this act, the division may use this appropriation for operating expenses

for driver services.

7.4.2 Transfers Between Cash Funds

Transfers of money from one cash fund to another cash fund generally occur when a cash

fund has a large balance or reserve. The General Assembly passed legislation in 1998 to

reduce cash-fund balances so that transfers between cash funds would not occur too often in

the future. See section 24-75-402, C.R.S., which establishes limits on uncommitted cash fund

reserves. This type of transfer only provides money for one year and is not an ongoing

source of funding unless the transfer occurs on a yearly basis. However, if a member requests

this type of transfer, there are two approaches that the drafter can take. The first approach,

which is the preferred approach, is for the drafter to amend the statutory section creating the

cash fund to provide for the transfer followed by the appropriation of the transferred money.

Example:

SECTION __. In Colorado Revised Statutes, 24-21-104, add (3)(d)(XVI) as

follows:

24-21-104. Fees of secretary of state. (3) (d) (XVI) NOTWITHSTANDING ANY

PROVISION OF SUBSECTION (3)(b) OF THIS SECTION TO THE CONTRARY, ON JULY 1, 2015, THE

STATE TREASURER SHALL TRANSFER ONE MILLION DOLLARS FROM THE DEPARTMENT OF

STATE CASH FUND TO THE SCHOOL CONSTRUCTION AND RENOVATION FUND CREATED IN

SECTION 22-43.7-103.

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SECTION _. Appropriation. For the 2015-16 state fiscal year, $1,000,000 is

appropriated to the department of education. This appropriation is from the school

construction and renovation fund created in section 22-43.7-103, C.R.S. To implement this

act, the department may use this appropriation for the school district capital construction

assistance program established by article 43.7 of title 22, C.R.S.

The second approach is for the drafter to make the transfer and the appropriation in the

same nonstatutory section. In either case, the drafter needs to include language clearly

stating that the transfer of the money is being made notwithstanding statutory provisions

that may place limits on how the money in the cash fund is to be expended.

7.5 CASH FUNDS

7.5.1 General Provisions

By law, all revenue and money received by the state must be transmitted to the state

treasurer and credited to the general fund unless the money is required by the constitution or

statute to be credited and paid to a cash fund. See sections 24-36-103 and 24-75-201, C.R.S.

Therefore, it may be advisable to establish a funding mechanism for a bill by which revenue

needed to implement the bill is collected and credited to a cash fund rather than to the

general fund.

A "cash-funded" program supports itself through fees or charges. Usually, but not always, a

bill creates a cash fund to separately account for the fees or charges collected. For example,

the occupational licensing functions of the state are currently cash-funded through license

fees and charges assessed against licensees. No tax revenue is required since the licensees

themselves pay the costs of their licensing. The state treasurer credits fees collected from

licensees to a cash fund, the division of professions and occupations cash fund, and the

General Assembly makes annual appropriations from that cash fund to defray the costs of

the state's licensing activities. See section 12-20-105, C.R.S.

In 1998, the General Assembly addressed concerns that cash-fund reserves were too high by

passing S.B. 98-194, the most significant portion of which is now codified as section

24-75-402, C.R.S. Subject to other constitutional and statutory provisions and with

numerous specified exceptions, including exceptions for cash funds with uncommitted

reserves of less than $200,000; cash funds established to fund capital construction; and cash

funds receiving revenue solely from fees set by the federal government, the Colorado

Supreme Court, a TABOR enterprise, or a special-purpose authority, that section limits the

amount of uncommitted reserves that a cash fund that is established to fund a specific

program and that includes fee revenue may contain at the end of any fiscal year to 16.5% of

the amount expended from the cash fund during that fiscal year. Section 24-75-402, C.R.S.,

also requires an entity that collects fees that are credited to a cash fund to adjust the fees,

which do not include charges and assessments established by law that the entity cannot

change or TABOR-exempt charges, as necessary to ensure that the amount of uncommitted

reserves in the cash fund remains at or below the 16.5% limit.

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If a bill sponsor asks the drafter to draft a bill or amendment that allows an entity to reduce

the amount of a fee that is set in statute, and therefore not ordinarily subject to

administrative reduction, so that the entity can reduce the uncommitted reserves of the cash

fund to which the fee is credited as required by section 24-75-402, C.R.S., the drafter should

use the following language:

(__) Notwithstanding the amount specified for the fee in subsection_____ of this

section, the [name of collecting entity] by rule or as otherwise provided by law may reduce

the amount of the fee if necessary pursuant to section 24-75-402 (3) to reduce the

uncommitted reserves of the fund to which all or any portion of the fee is credited. After the

uncommitted reserves of the fund are sufficiently reduced, the [name of collecting entity]

by rule or as otherwise provided by law may increase the amount of the fee as provided in

section 24-75-402 (4).

To exempt a cash fund from the maximum reserve requirement, the drafter should add a

new paragraph to section 24-75-402.5, C.R.S., as specified in section 7.5.3.11 of this

Manual.

7.5.2 Terminology

Terms relating to funding are not always used consistently in the statutes. The following

usages are suggested:

Revenue, such as fees, tax receipts, and charges, is first collected by some agency, then

transmitted to the state treasurer, who credits the revenue to a specified fund, or to a special

account in a specified fund. The treasurer may deposit the money in a bank or other

financial institution where it will earn interest for the state.

A fund is an accounting device that sets apart and administers a collection of money, and

each fund consists of one or more self-balancing accounts. To avoid confusion, the drafter

should use the term "funds" only as the plural of "fund" and avoid using "funds" as a

synonym for "money." A new fund should be created "in the state treasury" rather than "in

the office of the state treasurer."

A revolving fund is a fund that is replenished continuously or periodically, often from some

source other than tax revenue. The term usually refers to a fund that is used to defray the

operating expenses of a state-conducted enterprise and replenished from the sale of the

enterprise's goods or services. See, e.g., section 33-1-114, C.R.S., (the Colorado outdoors

magazine revolving fund, used for publishing the magazine and replenished from paid

subscriptions) and section 24-30-1108, C.R.S. (the department of personnel revolving fund).

A sinking fund is a fund established to extinguish a government debt, e.g., a fund used to

accumulate the money necessary to pay principal and interest on bonds issued to finance an

infrastructure project.

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7.5.3 Drafting Considerations When Creating Cash Funds

7.5.3.1 Required Elements

Every statute that creates a cash fund should specify:

! The source of revenue for the fund;

! How money in the fund is to be appropriated-as discussed below, the fund

should be either "continuously appropriated" or subject to annual

appropriation; and

! For what purpose money may be expended from the fund.

See sections F.46 to F.48 in Appendix F of this manual for examples of statutory language

creating a cash fund.

7.5.3.2 Source of Revenue - Amount Fixed by Agency

In some cases, a statute itself will establish the amount of any taxes, fees, or charges imposed

to generate revenue for a cash fund. In other cases, a statute will give an agency authority to

set the amount of, fees or charges, but not taxes because the General Assembly may not

delegate the authority to levy taxes to an agency. When authorizing an agency to fix the

amount of a fee or charge, the drafter should include language that requires the agency to act

by rule. Example:

40-16-XXX. Fees - taxicab fund. The commission by rule shall establish fees for

the direct and indirect costs of the administration of this article 16, which fees shall be

assessed annually against any person licensed pursuant to the provisions of

section40-16-XXX. The commission shall transmit all fees collected to the state treasurer,

who shall credit the same to the taxicab fund, which fund is hereby created. The money in

the fund is subject to annual appropriation by the general assembly for the direct and

indirect costs of the administration of this article 16.

A statute may also require an agency to annually adjust its fees based on the amount of any

appropriation made to the agency. Example:

24-21-104. Fees of secretary of state. (3)(c) Beginning July 1, 1984, and each

July 1 thereafter, whenever moneys appropriated to the department of state during the prior

fiscal year are unexpended, said moneys shall be made a part of the appropriation to the

department of state for the next fiscal year, and such amount shall not be raised from fees

collected by the department of state. If a supplemental appropriation is made to the

department of state for its activities, the fees of the department of state shall be adjusted by

an additional amount that is sufficient to compensate for such supplemental appropriation.

Funds appropriated to the department of state in the general appropriation bill from the

department of state cash fund shall be designated as cash funds and shall not exceed the

amount anticipated to be raised from fees collected by the department of state.

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7.5.3.3 Startup Financing

When a new cash-funded program begins operation, usually on July 1, it will often incur

expenses before any of the fees, taxes, or charges that support the program can be collected.

Thus, a bill sponsor may ask the drafter to provide for a loan of money, usually from the

general fund, to enable the program to defray its expenses until sufficient fee, charge, or tax

income accrues to the cash fund. However, such provisions are usually not necessary since

section 24-75-203, C.R.S., allows programs to obtain advances of money for working

capital. Thus, the drafter should not include startup financing provisions unless special

circumstances require the drafter to do so.

7.5.3.4 Annual Appropriation or Continuous Appropriation by Statute

Most cash funds are subject to annual appropriation, which means that an agency can only

expend the amount of money from the fund that the General Assembly annually

appropriates to the agency. The drafter should use the following language to indicate an

annual appropriation:

Subject to annual appropriation by the general assembly, the [name of entity] may expend

money from the fund for [specified purpose(s)].

In contrast, an agency may expend money in a "continuously appropriated" fund without

annual appropriation. The drafter should use the following language to indicate a

continuous appropriation:

Money in the fund is continuously appropriated to the [name of entity] for [specified

purpose(s)].

The drafter should be aware, and advise any bill sponsor who desires "continuous

appropriations," that in recent years the appropriations committees have generally amended

bills with continuously appropriated cash funds so that the funds will be subject to annual

legislative appropriation. However, the appropriations committees do not necessarily intend

that the General Assembly will use the appropriations process to tightly constrain

expenditures from such funds. Instead, the primary purpose of subjecting cash funds to

annual appropriation is to ensure that the funding of state government programs is fully

accounted for through the budget process by minimizing the number of programs that are

operated "off-budget" and subjected to less public scrutiny.

7.5.3.5 Allowing Agencies to Retain Administrative Costs

Sometimes a state agency collects money on behalf of another agency or political

subdivision, and a bill sponsor wishes to pay the costs incurred by the collecting agency out

of the money the agency collects. In such cases, a bill may provide that the collecting agency

is entitled to retain its administrative costs before paying over the proceeds or that the

collecting agency is entitled to be paid its administrative costs by the recipient. In either case,

the drafter must specify whether the money to be retained or received by the collecting

agency is subject to annual appropriation or continuously appropriated.

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In drafting a bill that allows an agency to retain administrative collection costs, the drafter

should clearly describe how the retained money will be treated by including language stating

that any money withheld for administrative expenses is to be credited to the general fund or

to a cash fund and that the money is subject to appropriation by the General Assembly for

the administrative collection costs. For examples of retained costs that are credited to the

general fund and subject to appropriation by the General Assembly, see sections 32-9-119

(2)(c)(II) and 30-11-107.5 (2)(b), C.R.S.

7.5.3.6 Cash Funding Without Creating a Separate Cash Fund

It is not always necessary to create a cash fund to accomplish cash funding.

Example:

25-2-113.5. Limited access to information upon consent of all parties.

(10) (a) The executive director of the department of health shall establish fees to be charged

each person requesting that his name be placed on the list provided for in subsection (3), (4),

or (5) of this section and for the services provided by the registrar in establishing and

implementing the registry pursuant to this section. It is the intent of the general assembly

that the fees shall cover all direct and indirect costs incurred pursuant to this section.

(b) The fees collected pursuant to this section shall be transmitted to the state

treasurer, who shall credit the same to the general fund. The general assembly shall annually

appropriate from the general fund to the department of health an amount sufficient to meet

expenses incurred pursuant to this section.

7.5.3.7 Direct and Indirect Costs

The joint budget committee, through the joint budget committee staff, recommends using

language that allows the General Assembly flexibility in appropriating not only for the direct

costs of an agency in administering a program but also for the indirect costs incurred by

other state agencies because of the program, such as the costs of services provided by the

controller, the department of personnel, and the department of the treasury. For examples of

this language, see the preceding examples in this section 7.5.3. However, the drafter should

remember that the drafting of bills and amendments is ultimately within the control of the

legislative sponsor of each bill or amendment, respectively.

7.5.3.8 Crediting Investment Earnings to the Fund

The state treasurer generally invests money credited to a cash fund until needed for

expenditure and, unless otherwise provided by statute, credits the interest earned from such

investments to the general fund in accordance with section 24-36-114, C.R.S. The following

language provides for the crediting of such interest income to the general fund. The drafter

should use this language unless the bill sponsor requests that interest be credited to the cash

fund:

In accordance with section 24-36-114 (1), the state treasurer shall credit all interest and

income derived from the deposit and investment of money in the fund to the general fund.

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The drafter may use the following language to provide that interest is to be credited to

another cash fund rather than to the general fund:

The state treasurer shall credit all interest and income derived from the deposit and

investment of money in the [name of the initial cash fund] to the [name of the alternate cash

fund].

If the bill sponsor wants the interest and income to remain in the cash fund, the drafter

should use the following language:

The state treasurer shall credit all interest and income derived from the deposit and

investment of money in the [name of the fund] to the fund.

In some cases, the bill sponsor may want a prohibition on spending the principal of the fund.

In this case, the drafter should use the following language:

The principal of the trust fund remains in the fund and shall not be appropriated, transferred,

or expended. [Subject to annual appropriation [option 1]] interest or income derived from

the deposit and investment of the trust fund [is continuously appropriated [option 2]] [from

the fund/to the [agency]] for [specified purpose(s)].

7.5.3.9 Unexpended and Unencumbered Money in the Fund

It is unnecessary to state that unexpended and unencumbered money in a cash fund at the

end of a fiscal year does not "revert" to the general fund. This is what happens by default.

Sometimes it may be desirable to transfer excess money remaining in a cash fund at the end

of a fiscal year to the general fund or another fund. If the money is to be transferred to the

general fund, the drafter should use the following language:

The state treasurer shall credit any unexpended and unencumbered money remaining in the

[name of fund] at the end of a fiscal year to the general fund.

If the money is to be transferred to another cash fund, the drafter should use the following

language:

The state treasurer shall transfer any unexpended and unencumbered money remaining in

the [name of fund] at the end of a fiscal year to the [name of other cash fund].

7.5.3.10 Provision for Remaining Balance of Repealed Cash Fund

A bill that repeals a cash fund should specify the disposition of any money remaining in the

cash fund when it is repealed. If not specified, the balance of the fund will likely revert to the

general fund pursuant to section 24-75-201 (1), C.R.S. Money remaining in a cash fund

when it is repealed may be expressly transferred to the general fund or to an existing or

newly created cash fund. Example:

The state treasurer shall transfer all unexpended and unencumbered money in the fund on

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[date the fund is repealed] to the [general fund/name of cash fund].

7.5.3.11 Exemption From Applicable Maximum Reserve Limitation

If the bill sponsor wishes to exempt a cash fund from the maximum reserve limitation

established in section 24-75-402 (1)(e.5), C.R.S., or an alternative maximum reserve

established by the joint budget committee as authorized by section 24-75-402 (8), C.R.S., the

drafter must add a new paragraph to section 24-75-402 (5), C.R.S., as follows:

24-75-402. Cash funds - limit on uncommitted reserves - reduction in the

amount of fees - exclusions - repeal. (5) Notwithstanding any provision of this section to

the contrary, the following cash funds are excluded from the limitations specified in this

section:

(___) The [fund] created in [C.R.S.].

7.5.4 Reappropriated Funds

During the fall of 2007, the joint budget committee decided to change the format of

appropriations commencing in fiscal year 2008-09 to eliminate the designation of "cash fund

exempt" appropriations and create a new category for identifying money that is appropriated

more than once in the same fiscal year. The new category of appropriations is called

"reappropriated funds", which is a specific sub-category of cash funds but is identified

separately from a regular "cash funds" appropriation. This change affects not only the format

of the long appropriations bill and supplemental appropriations bills, but also the format of

appropriation clauses included in substantive law bills.

In the majority of cash fund appropriations made for FY 2008-09 and fiscal years thereafter,

the appropriation clause will include a regular cash fund appropriation just as the Office and

joint budget committee staff have always drafted them. Only in very limited circumstances

will an appropriation clause be needed for "reappropriated funds."

A good test for whether the "reappropriated funds" term is to be used in an appropriation

clause is to think of the term describing one of three different types of double counts, i.e.,

money appropriated that was previously appropriated during that same fiscal year:

! Payments from one department to another for services, such as to the office of

information technology for computer services or to the department of law for

legal services;

! Pass-through exchanges, such as the pass-through of medicaid funds from the

department of health care policy and financing to the department of human

services;

! Cash funds when statutes require an appropriation both into and out of the

fund, as in the case of the Colorado heritage communities (smart growth)

grant fund in the department of local affairs.

When preparing an appropriations committee amendment to add or modify an

appropriations clause for a substantive-law bill, the drafter should look under the "State

Appropriations" section of the fiscal note for the bill. The legislative council staff fiscal

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analyst will indicate in this section of the fiscal note the amount, if any, of cash funds and of

reappropriated funds that need to be appropriated to cover the costs of implementing the bill.

Example of an appropriation with reappropriated funds for an appropriation to purchase

services from another agency:

SECTION __. Appropriation. (1) For the 2015-16 state fiscal year, $45,700 is

appropriated to the department of regulatory affairs for use by the division of securities. This

appropriation is from the general fund. To implement this act, the division may use this

appropriation to purchase of legal services.

(2) For the 2015-16 state fiscal year, $45,700 is appropriated to the department of

law. This appropriation is from reappropriated funds received from the department of

regulatory affairs under subsection (1) of this section and is based on an assumption that the

department of law will require an additional 0.5 FT. To implement this act, the department

of law may use this appropriation to provide legal services for the department of regulatory

affairs.

So far, examples have been developed only for the first bulleted example of double counts

discussed in this section 7.5.4. - appropriations to purchase services from another agency.

Those examples may be found in section E.4 in Appendix E of this manual. An example of

an adjustment to the long bill appropriation is also in section E.3 in Appendix E of this

manual.

7.5.5 Bills Funded from Gifts, Grants, and Donations

Sometimes the source of funding for a cash fund in a bill is from gifts, grants, and donations

that are promised or pledged from sources outside of state government. This method of

funding has become disfavored due to the funds not materializing. In an effort to address

this concern and ensure that programs are not remaining in the statutes that have not

received adequate funding, the General Assembly enacted section 24-75-1303, C.R.S.,

which requires a state agency to report on the status of its funding to the joint budget

committee when a gift, grant, or donation to the state agency is from a nongovernmental

source and when the bill creating the program relies entirely on money from gifts, grants, or

donations as the funding source for the program.

When drafting a provision that includes funding from gifts, grants, and donations, the drafter

should include language that gives the state agency authority to accept and expend the

money received from gifts, grants, and donations.

Preferred Language:

(__) THE [NAME OF ENTITY] MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR

DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS [C.R.S.

SUBDIVISION].

If the gifts, grants, or donations must be deposited in a cash fund, for example, the gift, grant, or

donation is not custodial funds and, therefore, the General Assembly should appropriate it:

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(__) THE [NAME OF ENTITY] MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR

DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS [C.R.S.

SUBDIVISION]. THE [NAME OF ENTITY] SHALL TRANSMIT ALL MONEY RECEIVED THROUGH

GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY

TO THE [NAME OF FUND] FUND. [If creating a new fund, see the canned language for creating

cash funds.] [If crediting the money to an existing fund, include ", CREATED IN [C.R.S.

SUBDIVISION].".][If the money should be continuously appropriated, then include "MONEY

IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE [NAME OF ENTITY] FOR [SPECIFIED

PURPOSE(S)]." [If it is subject to annual appropriation, then include "SUBJECT TO ANNUAL

APPROPRIATION BY THE GENERAL ASSEMBLY, THE [NAME OF ENTITY] MAY EXPEND ANY

STATE MONEY FROM THE FUND FOR [SPECIFIED PURPOSE(S)]."]

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CHAPTER 8: REVENUE-RAISING BILLS

8.1 GENERAL LEGAL BACKGROUND

Article V, section 31 of the Colorado constitution (section 31) requires that "[a]ll bills for

raising revenue shall originate in the house of representatives, but the senate may propose

amendments, as in the case of other bills." This provision was presumably taken from and

modeled after a substantially similar provision in the United States Constitution.

In light of

this constitutional mandate, it is important that all drafters have a working knowledge of

what constitutes a bill to raise revenue - an issue that has been addressed in several Colorado

cases and attorney general opinions. The first section of this Chapter discusses how state and

federal courts have interpreted the phrase "bills for raising revenue." Section 8.2 provides

drafters guidelines for dealing with revenue-raising bills in the pre-enactment and

post-enactment contexts.

8.1.1 Historical Roots

As a result of the British Parliament's long struggle with the crown for control of the purse

strings of the empire, Parliament and many of its American descendants require that revenue

bills originate in the "lower house."

The right to originate money bills is an ancient and

indisputable privilege of the "lower house" of the British Parliament, i.e., the House of

Commons. This privilege was awarded the lower house in the belief that the House of

Lords, a permanent, hereditary body created by the king, would be more subject to influence

by the crown than the House of Commons, a temporary elective body. Hence, it would have

been dangerous to permit the Lords to have the power of imposing new taxes.

This privilege of the lower house concerning "money bills" was continued by a substantial

number of state constitutions as well as by the federal constitution. At least 19 other states

have a so-called "origination clause" in their constitutions that is identical or substantially

similar to the one contained in section 31.

Although this limitation survives as a historical

U.S. Const. art. I, § 7, cl. (1).

N. Singer, Sutherland Statutory Construction [hereafter, "Sutherland"], § 9.06, 581 (5th ed. 1994).

1B Vernon's Ann. Texas Const., art. 3, § 33, Interpretive Commentary, 433 (West 1997). Similarly,

Federalist Paper No. 66 argues that lodging the "exclusive privilege of originating money bills" with the House of

Representatives would serve as one of "several important counterpoises to the additional authorities to be conferred

upon the Senate," which until the adoption of the 17

amendment to that document, was not directly elected by

the people. See J. Madison, A. Hamilton, J. Jay, The Federalist Papers, 386 (I. Kremnick ed., Penguin Books 1987).

See Alabama Const. art. IV, § 70; Delaware Const. art. VIII, § 2; Georgia Const. art. 3, § 5, para. 2;

Idaho Const. art. III, § 14; Indiana Const. art. IV, § 17; Kentucky Const. § 47; Louisiana Const. art. 3, § 16, para.

(B); Maine Const. art. IV, part 3, § 9; Massachusetts Const. part 2, cl. 1, § 3, art. 7; Minnesota Const. art. IV, § 18;

New Hampshire Const. part 2, art. 18; New Jersey Const. art. 4, § 6, para. 1; Oklahoma Const. art. 5, § 33; Oregon

Const. art. IV, § 18; Pennsylvania Const. art. 3, § 10; South Carolina Const. art. III, § 15; Texas Const. art. 3, § 33;

Vermont Const. chapter II, § 6; Wyoming Const. art. III, § 33.

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reminder of Parliament's struggles with the crown, in modern times, the clause expresses a

preference for keeping the critical power to tax as close as possible to those subject to it.

Under this view, the taxing power should rest exclusively with the lower house, which in the

United States, Colorado, and most other states is the House of Representatives. The lower

house is presumed to more directly represent the people both because lower houses are

customarily larger than their corresponding upper chambers, meaning that each lower house

legislator represents fewer people than each upper chamber legislator, and because their

membership is usually subject to more frequent elections.

8.1.2 Early Federal Interpretations of Revenue-raising Bills

Historically, courts have accepted variations of three basic definitions of the constitutional

phrase "bills for raising revenue."

The first definition was borrowed from Justice Story by Justice Harlan in writing the

majority opinion in Twin City National Bank v. Nebeker

and is probably the most frequently

used definition. In Twin City, Justice Harlan wrote:

. . . (R)evenue bills are those that levy taxes in the strict sense of the word, and are not bills

for other purposes which may incidentally create revenue.

A second definition was set forth in an early federal circuit court case, United States v. Mayo:

The true meaning of 'revenue laws' in this clause (Article I, Section 7 of the United States

Constitution) is, such laws as are made for the direct and avowed purpose for creating and

securing revenue or public funds for the service of the government. No laws whose

collateral and indirect operation might possibly conduce to public or fiscal wealth, are

within the scope of the provision.

A third and more lengthy definition with elements of the two above definitions was set forth

in a federal circuit court decision, United States ex rel. Michels v. James:

Sutherland, § 9.06, 581; Interpretive Commentary to article 3 of the Texas constitution, § 33, 433-34.

Federalist Paper No. 58 discusses the origination clause as among the devices inserted to enforce and maintain the

separation of powers and, hence, to secure liberty. In the words of that document: "This power over the purse may,

in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate

representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and

salutary measure." J. Madison, A. Hamilton, J. Jay, The Federalist Papers, 350 (I. Kremnick ed., Penguin Books

1987).

Twin City National Bank v. Nebeker,167 U.S. 196 (1897).

Id. at 202-203.

United States v. Mayo, Fed. Case No. 15,755, 26 Fed. Cas. 1230, 1 Gall 396 (Cir. Ct. D. Mass. 1813).

Id. at 1231.

United States ex rel. Michels v. James, Fed. Case No. 15,464, 26 Fed. Cas. 577, 13 Blatch. 207 (Cir. Ct. S.D.

N.Y. 1875).

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Certain legislative measures are unmistakenly bills for raising revenue. They impose taxes

upon the people, either directly or indirectly, or lay duties, imposts or excises for the use of

the government, and give to the person from whom the money is exacted no equivalent in

return, unless in the enjoyment, in common with the rest of the citizens of the benefits of

good government. It is this feature which characterizes bills for raising revenue. They draw

money from the citizen. They give no direct equivalent in return.

8.1.3 Colorado Case Interpretations

In assessing the constitutionality of bills under section 31, Colorado case authority has relied

primarily on the construction provided in the Nebeker case.

Geer v. Board of Commissioners of Ouray County

was the first case of importance dealing with

the provisions of the Colorado constitution concerning revenue-raising bills. In this case, a

bill authorizing Colorado counties to refund certain of their debts by issuing bonds provided

that the principal and interest payments on the bonds would be met through the levy and

payment of a property tax. The plaintiff asserted that the act was void as it was a

revenue-raising measure that had originated in the Senate. In striking down this contention

and upholding the act, the court said:

A bill for raising revenue, within the meaning of this provision of the constitution (section

31 of article V), is one which provides for the levy and collection of taxes for the purpose

of paying the officers and of defraying the expenses of government. This act was not of that

character. Its main purpose was to authorize quasi-municipal corporations to refund their

debts. The provisions for the levy and collection of taxes which it contained were mere

incidents to the general refunding legislation which it carried.

The court further noted that the act specifically provided that the taxes collected pursuant to

the act were to be put aside to pay off the bonds and accrued interest and were not to be used

to pay county officers or to defray the expense of government.

Another early Colorado case dealing with this issue was Colorado National Life Assurance Co.

v. Clayton

. In this case, the General Assembly had repealed and reenacted all the laws

dealing with insurance, one of which imposed a two percent annual tax on the gross amount

of premiums earned within the state. Because of the imposition of the tax, the plaintiff

contended that the bill was revenue-raising and, therefore, void as it had originated in the

Senate. The Colorado Supreme Court disagreed, stating:

A bill designed to accomplish some purpose other than raising revenue, is not a

revenue-raising measure. Merely because, as an incident to its main purpose, it may contain

provisions, the enforcement of which produces a revenue does not make it a revenue

Id. at 578.

Geer v. Board of Commissioners of Ouray County, 97 F. 435 (8th Cir. 1899).

Id. at 440.

Colorado National Life Assurance Co. v. Clayton, 54 Colo. 256, 130 P. 330 (1913).

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measure. Revenue measures are those which have for their object the levying of taxes in the

strict sense of the words. If the principal object is another purpose, the incidental product

of revenue growing out of the enforcement of the act will not make it a bill for raising

revenue. The primary object and purpose of this bill was to regulate insurance companies,

and the insurance business in this state. It is a regulation or supervision tax, and the method

of arriving at the amount, or because of its operation the act produces an excess which is

required to be turned into the general fund, does not affect its validity or render it an act for

revenue.

The next Colorado case dealing with revenue-raising bills was Chicago, Burlington & Quincy

Railroad Co. v. School District No. 1 in Yuma County.

The case involved a 1911 amendment to

the general school laws of the state enacted in 1877. The amendment modified the taxation

provisions of the school laws and, having originated in the Senate, the plaintiff argued that

the amendment was a revenue-raising measure and was, therefore, void. The court held to

the contrary, stating that the main purpose of the 1877 law was to establish a public school

system in the state, and the provisions regarding the levy and collection of taxes were

incidental but necessary to the main purpose of the 1877 law. The court then noted:

If the senate had the power to originate a general and complete statute, as was the act of

1877, there does not appear to be any good reason why the senate cannot originate a series

of acts when each is but a part of the complete and general law and all taken together are,

and amount to the same, as one complete and general act.

The court went on to hold that the levy and collection of taxes for the maintenance of a

school system is not taxation for defraying the expenses of government or for the services of

government, citing the Geer case. The court also stated that because the bill only authorized

the imposition of taxes and did not itself impose them it did not constitute the levying of

taxes in the strict sense of the word.

8.1.4 Other Case Authority at the Federal and State Levels

The Geer and Chicago Burlington cases are still good case authority in Colorado regarding

what constitutes a bill to raise revenue and they provide the foundation for the consideration

of revenue-raising measures under section 31. Moreover, Colorado interprets its origination

clause in a manner similar to that provided by federal and other state authority with respect

to comparable revenue-raising provisions contained in their respective constitutions.

Specifically, a strict or narrow construction of the phrase "revenue-raising bills" is the

majority rule, with a particular bill being viewed as nonrevenue-raising whenever possible. A

majority of the courts on the federal and state levels that have considered the question have

ruled that a revenue-raising bill is one that has as its main or primary objective raising

money by taxation to support the general expenses and obligations of the government. If the

raising of revenue, even if it is through a tax and essential to the accomplishment of a bill's

Id. at 259-60.

Chicago, Burlington & Quincy Railroad Co. v. School District No. 1 in Yuma County, 63 Colo. 159, 165 P. 260

(1917).

Id. at 163.

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objective, is merely incidental to the primary purpose of the legislation, it is not a revenue

bill.

Moreover, many jurisdictions have also held that a bill delegating taxing powers to a

municipality is not a revenue bill because it does not, in itself, raise revenue, but merely

grants the power to do so.

On more than one occasion, the U.S. Supreme Court has specifically considered this issue as

well. In the Head Money Cases (Edye v. Robinson),

the Court held that a fee imposed by the

federal government on ship operators, rather than on their passengers (the "direct"

beneficiaries of the fee), to defray the expenses of immigration, was not a tax. The court

found that a tax was, in general terms, an exaction going to the general support of the

government.

In this case, however, the exaction was construed as a fee to create a fund to

be raised from those profiting from immigration. In Millard v. Roberts,

the court held that

legislation that imposed a property tax in the District of Columbia to pay for certain railroad

improvements was not a bill to raise revenue within the meaning of the origination clause.

Essentially, the Court held that any taxes imposed were "but means" to the purposes

provided by the legislation.

More recently, the Court has held that a Senate-initiated bill

providing for a monetary special assessment to pay into a crime victims' fund did not violate

the Origination Clause because the legislation raised revenue to support a particular

government program and did not raise revenue to support government generally. United

States v. Munoz-Flores.

"Any revenue for the general Treasury that [the section of the

legislation mandating the fee at issue] creates is thus 'incidenta[l]' to that provision's primary

purpose."

8.1.5 Colorado Attorney General Opinions

Another source of helpful authority pertaining to this matter is contained in legal opinions

from the Colorado Attorney General. As stated previously, the Attorney General has

rendered several significant opinions regarding certain problems concerning revenue-raising

bills. One of these opinions states that a bill that would have the obvious effect of decreasing

collected revenue is, nonetheless, a bill for raising revenue.

The 1966 Attorney General's

See generally, Vermont Const., ch. II, § 6, annotations, ¶ 6, 257 (Michie 1996). See also Sutherland, §

9.06, 582 (collecting cases, including Chicago, B & Q. R. Co. case).

Vermont Constitution, ch. II, § 6, annotations, ¶ 6, 257.

Head Money Cases (Edye v. Robinson), 112 U.S. 580 (1884).

Id. at 252.

Millard v. Roberts, 202 U.S. 429 (1906).

Id. at 675.

United States v. Munoz-Flores, 495 U.S. 385, 398 (1990).

Id. at 1973.

See Opinion No. 66-3941, dated February 3, 1966 (Attorney General's opinion), and Memorandum,

dated March 2, 1967.

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opinion takes the form of a letter from Attorney General Duke Dunbar to State Senator

Anthony Vollack. In that letter, Attorney General Dunbar opined that a bill repealing food

sales tax credits or refunds was a revenue-raising bill required to be introduced in the House

of Representatives under section 31. The letter states as follows: "Although Senate Bill No.

36 has the effect of decreasing the revenue to be collected pursuant to Chapter 300, it must

be considered as a bill for raising revenue within the meaning of our constitution. The phrase

'raising revenue' as applied to legislative acts does not imply an increase in revenue."

This

Attorney General opinion was affirmed by the Colorado Attorney General's Office in 1999.

For more details, see the discussion under section 8.1.6.

The Colorado Attorney General has also opined that the power of the Senate to propose

amendments to bills for raising revenue, as provided in section 31, applies only to pending

bills, and not to revenue-raising bills passed at prior sessions.

Another Attorney General opinion on this issue has stated that laws delegating authority to

local government entities to levy and collect taxes are not revenue-raising bills because the

revenue derived from them would not be used to defray the general expenses of the state

government.

8.1.6 Particular Applications

On the rationale that the revenue-raising feature of the legislation at issue was incidental to

the main purpose of the act, the Colorado Supreme Court has held that the following types

of acts are not bills for raising revenue within the meaning of section 31:

The position that the origination clause applies in equal measure to bills that would decrease as well as

increase tax revenue is also consistent with the weight of authority at the federal and state levels. See, e.g, Texas

Ass'n of Concerned Taxpayers, Inc. v. U.S., 772 F.2d 163, 166 (5

Cir. 1985) (Court notes that "all contemporary courts

have adopted the construction apparently given it by Congress, i.e., 'relating to revenue'); Armstrong v. U.S., 759

F.2d 1378, 1381 (9th Cir. 1985) ("The term 'Bills for raising revenue' does not refer only to laws increasing taxes,

but instead refers in general to all laws relating to taxes.") (Emphasis in original.) Wardell v. U.S., 757 F.2d 203, 205

Cir. 1985) ("We cannot agree that 'revenue-raising' means only bills that increase taxes."); In re Opinion of the

Justices, 249 Ala. 389; 31 So. 2d 558, 559 (1947) ("If the proposed act affects the amount of revenue which flows

into the state treasury...it is one to raise revenue....").

In the Texas Ass'n of Concerned Taxpayers case, the fifth circuit commented on the difficulties in formulating

any standard of constitutionality to adequately guide Congress in dealing with the origination clause, particularly

in terms of a facile distinction between "increasing" and "decreasing" revenue. In the words of the Court: "The

fluctuations in national income and corresponding shifts in revenue yields make any label of 'increasing revenue'

a slippery and potentially chameleonic one. The same bill may have an effect of increasing revenue under certain

economic conditions and decreasing revenue under others." 772 F.2d at 166. See also Armstrong, 759 F.2d at 1381

(Such a distinction "may well be impossible to implement, since members of Congress may differ over whether a

proposed revenue bill or amendment will 'increase' or 'decrease' taxes overall, and since the same revenue bill may

well have varying effects upon the total taxes assessed in different years.").

Memorandum, dated July 9, 1965, Opinion No. 66-3941, dated February 3, 1966, and Memorandum,

dated March 2, 1967.

See Opinion No. 60-3363, dated January 1, 1960. See also Vermont Constitution, ch. II, § 6,

annotations, ¶ 6, 257.

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! An act imposing a motor vehicle registration fee. In Ard v. The People,

the court held

that the purpose of registration fees is not the levying or collection of taxes because

the fees are in the nature of a license or toll for using the public highways.

! An act setting up an elaborate code regulating the manufacture, sale, and use of malt,

spirituous, and vinous liquors. In In re Interrogatories of the Senate concerning the

Constitutionality of House Bill No.,

the court held that the main purpose of the act was

to enact a comprehensive liquor code, and the revenue-raising feature was a remote

incident to the code.

! An act imposing the gross ton mile tax. In Public Utilities Commission v. Manley,

the

court held that the act in question was regulatory in nature and was not primarily

enacted for the purpose of raising revenue.

! In upholding the rates that a city charged for providing water and sewer services, the

court, in Western Heights Land Corporation v. City of Fort Collins,

held that a

revenue-raising measure is one levying a tax to defray general municipal expenses. If

the principal object is to defray the expense of operating a utility directed against

those desiring to use the service, the incidental production of income does not make

it a revenue-raising measure.

On the basis of the authority discussed above, the Office advises the General Assembly and

its members that bills that affect the amount of general fund revenue collected by the state

should be introduced in the House of Representatives. The Colorado Attorney General's

Office has confirmed its support of this approach. Specifically, in response to a December

23, 1998, letter from Senator Ray Powers to the Attorney General asking for a review of the

1966 Attorney General's opinion, solicitor general Richard Westfall wrote:

We have researched the matter and conclude that [the 1966 Attorney General's opinion] is

correct. The term 'bills for raising revenue' ... means bills which provide for the levy and

collection of taxes. A bill levying taxes may cause a tax to decrease as well as increase.

Accordingly, art. V, § 31, precludes the senate from introducing measures that decrease state

taxes.

On November 10, 1999, the Colorado Attorney General's Office reaffirmed this approach.

See letter from Attorney General Salazar, dated November 10, 1999, and memo dated

November 12, 1999, from Doug Brown.

Applying the case authority handed down at the federal level, by other states, and by

Colorado, produces the following general principles for assessing whether a statutory

Ard v. The People, 66 Colo. 480, 182 P. 892 (1919).

In re Interrogatories of the Senate concerning the Constitutionality of House Bill No. 45, 94 Colo. 215, 29 P.2d

705 (1934).

Public Utilities Commission v. Manley, 99 Colo. 153, 60 P.2d 913 (1936).

Western Heights Land Corporation v. City of Fort Collins, 146 Colo. 464, 362 P.2d 155 (1961).

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measure "raises revenue" within the meaning of section 31 and thus must be introduced in

the House of Representatives:

! If a bill authorizes a local governmental unit to levy a tax the bill is not one for raising

revenue.

! If a bill simply appropriates money from the state treasury without affecting state

revenue, the bill is not one for raising revenue.

! If a bill commits a certain amount annually from revenue received from general taxes

without requiring an increase in the tax levy, the bill is not one for raising revenue.

! If a bill is a bona fide regulatory measure, the bill is not one for raising revenue even

though it levies a tax, toll, or fee.

! If a bill imposes a tax, toll, or fee in the nature of compensation for the use of

governmental facilities or for compensation for government employees' services, the

bill is not one for raising revenue.

8.1.7 Phrases Used to Describe Revenue-Raising Bills

Some of the stock phrases describing revenue-raising bills that have evolved from the

principles discussed above and that the courts frequently use in their decisions are as follows:

! Revenue-raising bills are those that levy taxes in the strict sense of the word.

! Revenue-raising bills are those whose direct purpose is to raise revenue to defray the

general expenses of the state government.

! Revenue-raising bills are those whose direct purpose is to raise revenue payable into

the state treasury for general governmental uses.

! A tax is a compulsory payment that entitles the taxpayer to receive nothing in return

other than the rights and privileges of good government which are enjoyed by all

citizens alike.

! Bills that draw money from the citizen but give no direct or equivalent benefit in

return are bills for raising revenue.

! Revenue-raising bills are limited to bills that transfer money from the people to the

state, but do not include bills that appropriate money from the treasury of the state to

particular uses of the state.

8.1.8 Phrases Used to Describe Non-Revenue-Raising Bills

Most of the cases arising under the revenue-raising clauses of the federal constitution and the

various state constitutions have held that bills that fall into one of the following categories

are not revenue-raising bills:

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! Bills that delegate authority to local governmental units to levy taxes upon local

property for local purposes.

! Bills that provide for the regulation of some business, trade, profession, or activity

under the police power of the state.

! Bills that amend existing nonrevenue-raising statutes by increasing the license fees,

tolls, or taxes imposed by the statute.

! Bills that appropriate money from the state treasury.

! Bills that impose a tax, toll, or fee as compensation for use of government facilities or

for specific services provided by the government.

8.2 GUIDELINES FOR DEALING WITH REVENUE-RAISING BILLS

IN THE PRE-ENACTMENT AND POST-ENACTMENT CONTEXTS

The responsibilities of the Office in implementing section 31 require different, sometimes

conflicting, legal perspectives. Performance of these responsibilities is complicated by the

fact that the meaning of section 31 may differ depending on whether it is being interpreted to

apply to a bill during the legislative process or to enacted law, i.e., after the presumption of

constitutionality has attached. This section 8.2 is intended to provide guidance in applying

section 31 to bills in the pre-enactment and post-enactment contexts. The pre-enactment

status of bills for raising revenue discussed in section 8.2.1 contrasts with the post-enactment

status of these bills discussed in section 8.2.2.

8.2.1 What is a Bill for Raising Revenue During the Legislative

Process?

Section 31 is, in effect, a constitutional rule of legislative procedure. It is intended to govern

legislative behavior during the course of the legislative process.

The General Assembly has

not adopted written rules or other guidelines for determining the practical application of

section 31 in the legislative process. The only guidance has come from the Legislative

Drafting Office Research Memorandum referred to in section 8.1. The Office has interpreted

and applied the principles set forth in the Research Memorandum since its publication, but

the application of those principles to different taxes and in various legislative scenarios

remains unclear.

The principles described in the Research Memorandum were based on judicial decisions that

interpreted section 31 after enactment of the bill in question at which point the presumption

"It is obvious that the constitutional rules of procedure take precedence over all other rules of legislative

procedure. They are judicially reviewable and enforceable, though in some jurisdictions they are considered to be

addressed exclusively to the legislature and courts either refuse to consider questions of compliance or else find

them to be only directory." Sutherland, section 7.01, at 561-2 (5th ed. 1994).

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of constitutionality attaches.

Courts often construe section 31 and other constitutional rules

of legislative procedure (such as the "single subject" rule contained in article V, section 21 of

the Colorado constitution) to uphold legislation in the face of an alleged minor technical

violation. Thus, courts often defer to the legislature in their application of these rules, and

they uphold the legislature's action as reflected in the enacted bill. As a result, judicial

decisions do not provide guidelines for interpreting constitutional rules of legislative

procedure that are consistent with the restrictive purposes that the rules are to serve. One of

these purposes is to preserve the integrity of legislative policy deliberations and decisions.

For these reasons, this Office has often taken the position that constitutional rules of

legislative procedure should be literally interpreted and strictly construed when the rules are

applied before the enactment of a bill, i.e., during the legislative process.

Drafters should use the following guidelines in:

1. Determining whether a bill is or may be a bill for raising revenue that should be

introduced in the House; and

2. Giving advice as to whether amendments that affect revenue can be offered to such bills

during the legislative process.

The guidelines attempt to apply section 31 in the context of specific taxes and specific

legislative scenarios. Drafters should use GUIDELINES NOS. 1 to 5 when a bill request is

received and the primary question is whether the request involves a bill for raising revenue

and whether the drafter should advise the sponsor that the bill should be introduced in the

House of Representatives. Drafters should use GUIDELINE NOS. 6 to 9 when a bill has

already been introduced and the question arises whether a revenue-raising amendment can

be added. Consistent with the above discussion, these guidelines reflect a strict or literal

interpretation of section 31 because this interpretation seems most appropriate in view of the

restraints imposed by constitutional rules of legislative procedure in the pre-enactment

context.

Guideline No. 1. A bill that would increase or decrease state income tax, state sales tax,

state use tax, state estate tax, or any other state tax that goes to the state general fund and

becomes available for general state purposes should be introduced in the House of

Representatives.

Examples:

1. Bills that increase or decrease these taxes include bills that:

a. Increase or decrease a tax rate;

b. Extend tax liability to a new individual or class of taxpayers or increase an

individual's or class's tax liability;

c. Exempt an individual or class of taxpayers from tax liability or reduce an

individual's or class's tax liability;

d. Define or redefine the income or transaction subject to tax; or

See Lamm v. Barber, 192 Colo. 511, 565 P.2d 538 (1977) (Law held unconstitutional only if violation of

the constitution proven beyond a reasonable doubt).

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e. Create credits or deductions against an existing tax.

On the other hand, a bill that creates an "income tax checkoff" is not a bill that

increases or decreases the income tax, because this legislation merely designates the

public purpose fund to which a taxpayer wishes to direct some of his or her refund.

This legislation does not affect revenue; it merely allows a taxpayer to direct money

that would have been returned to the taxpayer to a particular cause that the taxpayer

favors.

2. Other state taxes and fees that go to the state general fund and become available

for general state purposes include: State retail marijuana sales tax, state cigarette tax, state

tobacco tax, state excise tax on beer, state excise tax on liquor, license fees for beer and

liquor, parimutuel racing fees, and insurance premium tax.

Guideline No. 2. Courts have interpreted section 31 to require introduction of a bill for

raising revenue in the House even though the obvious effect of the bill is to decrease

revenue.

Guideline No. 3. Section 31 may require the introduction of a bill for raising revenue in the

House even if it doesn't increase or decrease revenue, if the bill amends an act that was originally

revenue-raising and relates to the levying and collection of taxes and the procedures

The taxes referenced in paragraph 2 were instituted in part in an effort to regulate some aspect of

personal behavior or business conduct, but they are general fund taxes and as such have an impact on the money

available for general state purposes.

Further, each of these taxes and fees was originally enacted in a bill that originated in the House, and the

Attorney General's Opinions discussed above indicate that the power of the Senate to propose amendments to bills

for raising revenue applies only to pending bills, and not to revenue-raising bills passed at prior sessions.

While the enactment of an insurance premium tax in a Senate bill was held not to violate section 31

because the primary purpose of the bill was regulation of insurance companies, Colorado National Life Assurance Co.

v. Clayton, 54 Colo. 256, 130 P. 330 (1913), the current insurance tax was enacted in a House bill subsequent to

National Life Assurance. A bill enacting a liquor regulation code was sustained against a section 31 challenge on the

grounds that its chief purpose was other than raising revenue; however, the bill was ultimately declared invalid

because the bill was not within a Governor's special session agenda. In re Senate Interrogatories, 94 Colo. 215, 29 P.2d

705 (1934). Moreover, the current laws enacting the excise taxes on liquor and beer and the current laws

authorizing liquor license fees were enacted in House bills. Finally, the purpose of keeping the taxing power closest

to the people is better served by assuming that bills increasing or decreasing general fund taxes should be

introduced in the House.

This guideline stems from the 1966 Attorney General's Opinion that states that the phrase "raising

revenue" as applied to legislative acts does not imply an increase in revenue. One explanation for this apparently

anomalous requirement is as follows: It could be inferred that, when a bill that decreases income taxes is

introduced, the General Assembly will assume that the bill puts the entire subject of income taxes before them in

an unrestricted sense, without limitation as to increase or decrease. If the bill is amended to add an increase in taxes

or to eliminate the decrease and substitute an increase, the bill will be saved from a violation of section 31 because

it was introduced in the House. It should be noted that a title that limits the ability of the General Assembly to

amend such a bill to increase taxes could provide a safeguard against this danger. On this point, the reader's

attention is also directed to the case authority discussed in note 5, above.

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therefor.

Caveat: This interpretation seems a bit extreme. For example, while a bill that accelerates

the date by which those collecting sales tax must remit the revenue to the state is perhaps a

bill for raising revenue, a bill that has a merely procedural or administrative effect and that

has a title that limits amendments to procedural or administrative matters should not be

considered a bill for raising revenue.

General Exception to Guideline No. 3: If the bill does not increase or decrease revenue but

merely provides for the disposition of revenue once collected, it is not a bill for raising

revenue.

Examples relating to general exception:

1. Appropriation bills are not bills for raising revenue.

2. If a bill neither increases nor decreases a general fund tax but instead merely

diverts existing general fund revenue to a special purpose fund, it is not revenue-raising and

may be introduced in the Senate. See Senate Bill 79-536, which transferred a portion of sales

and use tax revenue attributable to sales or use of vehicles or related items that had been

credited to the general fund to the highway users tax fund

. The key distinction here is that

section 31 does not apply when there is merely a change in the allocation of the revenue

generated by a tax without any increase or decrease in the amount of revenue generated by

the affected tax.

Guideline No. 4. A bill imposing a tax or fee that is in the nature of a users' fee and is

earmarked for a state special purpose fund (i.e. a cash fund rather than the state general fund)

usually is not considered to be "revenue-raising" and may, accordingly, be introduced in the

Senate.

Example: A bill increasing motor fuel tax proceeds that are constitutionally dedicated to the

highway users tax fund may be introduced in the Senate.

Caveat: A bill that increases the state income or sales tax or another state general fund tax

and diverts the new revenue to a state special purpose fund poses a difficult question;

however, the bill should start in the House because of the potentially erosive effect of such

The 1966 Attorney General's Opinion also says that the power of the Senate to propose amendments

to bills for raising revenue applies only to pending bills, i.e., bills for raising revenue pending in the current session

that have already passed the House, and not to bills passed at prior sessions. This means a bill that amends an act

that was originally a bill for raising revenue (for example, the income or sales and use tax laws) must be introduced

in the House even if it does not increase or decrease revenue. The supporting theory is that "amendments are to

be construed together with the original act to which they relate as constituting one law." 82 C.J.S. Statutes 896.

1966 Attorney General's Opinion.

The transfers to the highway users tax fund mandated by Senate Bill No. 536 were repealed in 1981,

effective July 1, 1986. See 1981 Colorado Sess. Laws, Ch. 469, 1890-91. Through S.B. 97-1, the General Assembly

reestablished the transfer of a portion of the sales and use tax attributed to the sales or use of vehicles and related

items that had been credited to the general fund to the highway users tax fund. See 1997 Colorado Sess. Laws, Ch.

262, 1531-1535.

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an exception on the general rule stated in section 31.

Guideline No. 5. Since there is no longer a state property tax that could go to the state

general fund and all property taxes are imposed by local governments, property tax bills are

not revenue-raising and may be introduced in the Senate.

Guideline No. 6. A House bill that, as introduced, does not increase or decrease state

general fund taxes may be amended in the House to increase or decrease state general fund

taxes.

Comment: Since section 31 requires that bills for raising revenue "originate" in the House of

Representatives but does not require that such bills be bills for raising revenue at the moment

of their introduction in the House, a literal interpretation of section 31 does not bar House

amendments that increase or decrease state general fund taxes.

Guideline No. 7. A House bill that, as passed by the House, does not increase or decrease

state general fund taxes should not be amended in the Senate to increase or decrease state

general fund taxes. Such a Senate amendment results in origination of a revenue-raising bill

in the Senate in violation of section 31.

Guideline No. 8. A Senate bill that, as introduced, does not increase or decrease state

general fund taxes should not be amended in the Senate or the House to increase or decrease

state general fund taxes. Such a Senate or House amendment results in origination of a

revenue-raising bill in the Senate in violation of the general rule.

Guideline No. 9. A Senate bill that, as introduced, increases or decreases state general fund

taxes violates section 31 even if it includes a referendum clause so that the bill does not

become effective until approved by vote of the people. It is still a "bill for raising revenue"

that did not originate in the House. This practice could result in a more obvious violation of

See, e.g., H.B. 90-1305 imposing a charge through the income tax to fund the uninsurable health

insurance plan. This bill had been introduced in the Senate but was reintroduced in the House after an inquiry to

this Office related to revenue-raising issues.

Statements in Guideline Nos. 6 to 9 regarding whether amendments are permissible are subject to the

further qualification that the amendments come within the title of the bill to be amended as well as the

requirements of article V, section 17 (no change in original purpose of bill) and section 21 (bill must have single

subject) of the Colorado constitution.

This interpretation differs from the manner in which the origination clause has traditionally been

interpreted at the federal level. Specifically, federal courts have held that the Senate may amend a particular bill

to increase the federal equivalent of (state) general fund taxes even though the same bill as passed by the House

decreased such taxes. See, e.g., Wardell, 757 F.2d at 205 (Sustaining constitutionality of 1982 "Tax Equity and

Fiscal Responsibility Act" against origination clause challenge even though the bill as introduced in the House

reduced revenue and the Senate "SEBEC" version, that was ultimately enacted, increased revenue). In assessing

the constitutionality of Senate amendments to House-initiated revenue measures, federal courts have generally

required only that the Senate amendments be germane to the subject matter of the bill, i.e., revenue collection, and

within the Senate's power to propose. See Flint v. Stone Tracy Co., 220 U.S. 107, 31 S.Ct. 342, 346, 55 L.Ed. 389

(1911) (Senate substitution of corporate income tax for inheritance tax contained in house bill); Wardell, 757 F.2d

at 205; Rowe v. U.S., 583 F. Supp. 1516, 1518 (D. Del. 1984) ("Once a bill has passed the House, ...no constitutional

reason why the Senate may not make amendments germane to the subject matter of the legislation.").

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section 31 if the referendum clause were removed by amendment during its passage by the

two houses.

8.2.2 Would a Court Uphold the Bill under Section 31 after

Enactment?

If a bill is introduced or an amendment is adopted that is inconsistent with the guidelines in

section 8.2.1, this Office may be asked to advise as to whether a court would uphold the bill

or amendment after the bill is enacted. These guidelines should still be used as a frame of

reference. However, the presumption of constitutionality that attaches upon statutory

enactment may tip the balance in favor of the bill or amendment in the case of a "close call".

The following circumstances illustrate how this Office should approach the question of

post-enactment validity: A Senator wishing to introduce a bill in the Senate resists our

conservative advice that a bill that may be revenue-raising should be introduced in the

House. While the Senator believes that the bill is not revenue-raising as introduced, the

Office should point out that the bill's revenue-raising aspects may be enhanced by

amendment, i.e., a clear tax increase or decrease might be added or amendments could alter

the basic structure of the affected tax. Further, the Office should also work with the Senator

on composing a bill title that would avoid amendments likely to render the bill one for

raising revenue.

The Senator may remain unconvinced by the arguments presented in section 8.2.1

concerning the viability of section 31 in the pre-enactment context and may believe the

central question is whether a court would uphold the bill upon enactment in the face of a

constitutional challenge under section 31. That question presents different issues from those

present while a bill is pending.

Sutherland notes that "The question of origin is not often litigated," but "[t]he general

tendency favors narrow construction of what constitutes a revenue bill which must originate

in the lower house." Further, Sutherland notes that the United States Supreme Court "has

indicated a preference for restricting the provision to the narrowest possible terms."

The Office has not found cases in which the Colorado Supreme Court has ruled a bill

unconstitutional under section 31.

Colorado decisions upholding bills against section 31 challenges have employed three basic

tests:

Test No. 1. Does the bill levy taxes to be used for general state purposes?

(In short, does it

affect any of the taxes that go to the general fund that are listed in GUIDELINE NO. 1?)

Sutherland, 581, 582. See also the U.S. Supreme Court cases discussed under section 8.1.4.

See discussion of In re Senate Interrogatories, above.

Geer v. Board of County Commissioners of Ouray County, 79 F. 435 (8

cir.1899).

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Test No. 2. Is the principal object of the bill to levy taxes in the strict sense of the word or is

the principal object to accomplish some other purpose and to raise revenue incidental to that

purpose?

Test No. 3. Does the bill amend a bill that was originally an act for raising revenue?

The following advice is offered on the basis of these tests:

Advisory No. 1.0. A court is likely to uphold under section 31 a Senate bill that has as its

principal object some purpose other than an increase in a general fund tax but that creates or

increases a nongeneral fund tax "as an incident" to its principal purpose.

Advisory No. 2.0. A court would likely find that a Senate bill that has as its clear principal

object an increase in income or sales and use tax, or both, violates section 31.

The following hypothetical examples (ADVISORIES NOS. 3 to 5) would be cases of first

impression. It seems likely that a court would uphold these Senate bills in the face of a

section 31 challenge, although they could pose hard cases depending on the particular facts.

Advisory No. 3.0. A court would likely find that a Senate bill that has as its principal object

an increase in any of the other general fund taxes listed in GUIDELINE NO. 1 violates

section 31. However, a court probably would uphold the Senate bill on the grounds that the

original law that enacted the tax had as its principal object the regulation of certain behavior,

such as smoking or drinking, or the regulation of some commercial activity, such as the

insurance business or racing.

Advisory No. 4.0. A Senate bill that has as its principal object some purpose other than the

creation of or an increase in a general fund tax, such as the funding of a new or existing state

program, but that creates or increases a general fund tax to fund the new or existing state

program would probably be upheld if a court finds that the new or existing state program

was the principal object of the bill. The fact that a court will also likely presume that enacted

legislation is constitutional also adds to the likelihood that such a bill would be upheld.

However, the revenue-raising aspect of the bill, i.e., the creation or increase of a general fund

tax, is probably not "incidental" in the sense that it would not be occurring merely by chance

or as a minor consequence of the principal object of the bill.

Advisory No. 4.1. A Senate bill that contains several substantive programs and provides

general fund increases to fund those programs is subject to the analysis provided under

ADVISORY NO. 4.0.

Advisory No. 4.2. A Senate bill that redefines income to reduce the income taxes of a

Colorado National Life Assurance Co. v. Clayton, 54 Colo. 256, 130 P. 330 (1913).

Chicago, Burlington & Quincy Railroad Co. v. School District No. 1 in Yuma County, 63 Colo. 159, 165 P. 260

(1917).

See cases cited in note 9 above.

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particular class of individuals would probably be upheld.

Advisory No. 5.0. A Senate bill that enacts or implements a tax that was imposed or

authorized by a vote of the people through a constitutional amendment should be

introduced in the House. However, a court challenge based on section 31 might fail on the

theory that those subject to the taxing power had imposed the tax on themselves.

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CHAPTER 9: ARTICLE X, SECTION 20

THE TAXPAYER'S BILL OF RIGHTS (TABOR)

9.1 INTRODUCTION

Voters approved article X, section 20 of of the Colorado constitution (also called "The

taxpayer's Bill of Rights" and "TABOR"

) in November 1992. TABOR's principal purpose

was to protect citizens from unwarranted tax increases.

However, state and local

governments in Colorado consequently needed to make significant operational changes to

many government functions, such as budgeting, elections, and contracting.

As a drafter, it is important to understand the purposes and provisions of TABOR to

recognize how it may affect bills concerning state or local government operations. Since the

meaning of some of its provisions is unclear, it is also important for drafters to be aware of

relevant legislative and judicial interpretations of TABOR. By recognizing issues arising

from this constitutional provision, drafters can inform sponsors of potential issues relating to

their bills and of possible alternatives for addressing these issues. This function is important

because any successful legal challenge under TABOR may result in the refund of any

revenues collected, kept, or spent illegally with 10% annual interest from the time of the

initial violation.

This section provides an overview of the major provisions of TABOR that are likely to affect

bills. For a more detailed analysis of a particular TABOR issue, consult the Office of

Legislative Legal Services research database (Knowledgebase).

9.2 APPLICABILITY TO THE STATE AND TO LOCAL

GOVERNMENTS

TABOR applies to "districts," which are defined as "the state or any local government,

excluding enterprises".

This definition raises several interpretive issues because TABOR

does not define the terms "the state", "local government", and other issues arise from the

constitutional definition of the term "enterprise".

TABOR was also sometimes referred to as "Amendment # 1".

Matter of Title, Ballot Title and Submission Clause, and Summary with Regard to a Proposed Petition for an

Amendment to Constitution of State of Colo. Adding Subsection (10) to Sec. 20 of Art. X (Amend Tabor 25), 900 P.2d 121

(Colo. 1995); In Re Interrogatories on Senate Bill 93-74, 852 P.2d 1 (Colo. 1993).

Colo. Const. art. X, §20 (1).

Colo. Const. art. X, §20 (2)(b).

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9.2.1 The State and Local Governments

While TABOR does not define the terms "the state" and "local government", the focus of

this constitutional provision appears to be the imposition of certain limits on the state

government and on local governments.

This intent can be discerned from the preferred

interpretation stated in article X, section 20 (1) to "reasonably restrain most the growth of

government." (Emphasis added.)

9.2.1.1 The State

Article 77 of title 24 sets forth state fiscal policies relating to TABOR and provides a

statutory definition for the term "the state". "State" is defined as the central civil government

of the state of Colorado, consisting of: 1) The legislative, executive, and judicial branches of

government; 2) all organs of the three branches of government (including the departments of

the executive branch, the legislative houses and agencies, and the appellate and trial courts

and court personnel); and 3) state institutions of higher education.

This definition of "state"

specifically excludes enterprises and special purpose authorities. And while the exclusion of

enterprises is constitutionally based, a question remains whether it is constitutionally

permissible to exclude special purpose authorities from the definition.

A special purpose authority is an entity created pursuant to state law to serve a valid public

purpose. A special purpose authority is either a political subdivision of the state or an

instrumentality of the state; however, a special purpose authority is not an agency of the

state and is not subject to administrative direction by any department, commission, bureau,

or agency of the state. Special purpose authorities include the Colorado housing and finance

authority, the Colorado water resource and power development authority, the Colorado

compensation insurance authority, and the public employees' retirement association.

Before TABOR, the General Assembly and the Colorado Supreme Court did not view

special purpose authorities as part of state government.

One recognized purpose of special

purpose authorities is to allow certain traditional governmental functions to be performed

outside the constraints of state government thought to hamper the ability to perform these

functions in a "business-like" fashion.

Excluding special purposes authorities from the state for purposes of TABOR raises

additional questions about whether special purpose authorities are local governments or

whether they are entirely outside the scope of this constitutional provision. While not

involving a special purpose authority, The Colorado Supreme Court's decision in Submission

Havens v. Bd of County Commr's, 924 P.2d 517, 520 (Colo. 1996).

Section 24-77-102 (16)(a), C.R.S.

See section 24-77-102 (15), C.R.S.

See, e.g., In re Interrogatories by the Colorado Senate (Senate Resolution No. 13) concerning House Bill No. 1247

Fifty-first General Assembly, 193 Colo. 298, 566 P.2d 350 (1977); Colorado Association of Public Employees v. Board of

Regents, 804 P.2d 138 (Colo. 1990).

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of Interrogatories on Senate Bill 93-74, 852 P.2d 1 (Colo. 1993), may indicate how the court

would rule if presented with this issue.

One argument raised in that case was that the board of the Great Outdoors Colorado Trust

Fund created by article XXVII, section 6 of the Colorado constitution (also approved at the

1992 general election) was not a "district" for purposes of TABOR. Article XXVII, section 6

states that the board is a political subdivision of the state but is not an agency of state

government. While finding that the board is not a local government, a private entity, or an

enterprise, the court concluded that "the best reading of Amendment 1 is to exclude from

state fiscal year spending limits only those entities that are non-governmental, and the board

is essentially governmental in nature. This interpretation of Amendment 1 is the

interpretation that 'reasonably restrain[s] most the growth of government.'"

Since special purpose authorities also seem essentially governmental, the court's

interpretation may cause a reevaluation of the statutory exclusion of special purpose

authorities from the definition of the term "the state". Many special purpose authorities have

taken action to be declared enterprises to ensure that they do not fall within the scope of

TABOR.

9.2.1.2 Local Governments

There is consensus that in TABOR, "local government", (through its commonly accepted

meaning and its dictionary, statutory, and case law definitions) applies to counties,

municipalities, special districts, and school districts. This interpretation similarly appears to

include home rule counties and municipalities, since article X, section 20 (1) specifies that it

supersedes any conflicting constitutional provisions (such as article XX), charter provisions,

or other local provisions.

We do not know at this time if special purpose authorities are local governments for

purposes of TABOR. Although they are political subdivisions of the state, special purpose

authorities generally serve a statewide interest rather than purely a local interest and do not

have some of the same characteristics of local governments, such as identifiable geographical

boundaries.

9.2.2 Enterprises

Since "enterprises" are specifically excluded from the definition of "district", qualified

enterprises are not subject to TABOR. However, the definition of "enterprise" presents many

difficult interpretation questions. An "enterprise" is defined as "a government-owned

business authorized to issue its own revenue bonds and receiving under 10% of its annual

revenue in grants from all Colorado state and local governments combined."

Whether

something qualifies as an "enterprise" under TABOR is solely dependent upon whether the

Colo. Const. art. X, §20 (2)(d).

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constitutional definition is satisfied.

Yearly fluctuations in grants to enterprises will be the most likely reason enterprises qualify

or disqualify from year to year. Drafters should exercise caution in making broad

interpretations of the constitutional criteria when designating enterprises or granting

authority to designate enterprises and discuss the possible implications of such

interpretations with the bill sponsor.

9.2.2.1 Government-owned Business

The meaning of the term "government-owned business" is uncertain since TABOR does not

define the term. A court will make this determination based upon whether an entity is both

"government-owned" and a "business" given the ordinary meaning and understanding of

these terms.

It seems that such businesses would not perform typical governmental

functions and instead would perform activities that have some counterpart in the private

sector, such as utilities, airports, and recreational facilities. Since an enterprise must receive

less than 10% of its annual revenue from Colorado state and local governments combined, it

also appears that an enterprise is a self-supporting operation, similar to a private business.

It is unclear whether a government-owned business can only be an activity or can be an

entire governmental entity. Based upon the position that an enterprise can be a

governmental entity, some state entities (i.e., the state lottery division, the Colorado lottery

commission, the division of correctional industries) have been statutorily designated as

enterprises if they meet the constitutional criteria. In addition, some local governmental

entities have been statutorily authorized to declare themselves as enterprises (i.e., county

hospitals and water, sewer, and drainage operations).

The few court decisions involving enterprise status do not give a consistent position on

whether an entire entity can be a TABOR enterprise. In Regional Transportation District v.

Romer, Denver District Court, 93 CV 3069, the court refused to declare the Regional

Transportation District an enterprise under TABOR. Noting that the RTD itself levies a

sales tax and receives almost 60% of its revenue from tax money, the court concluded that

RTD is a government, not a government-owned business. This decision was not appealed.

The Colorado Supreme Court has held that the E-470 Highway Authority was not an

For a more thorough review of "enterprise" designations, see "Creating an Enterprise Pursuant to

TABOR" (https://legisource.net/2017/01/19/creating-an-enterprise-pursuant-to-tabor/) and "Creating an

E n t e r p r i s e P u r s u a n t t o T A B O R - P a r t 2 "

(https://legisource.net/2017/01/26/creating-an-enterprise-pursuant-to-tabor-part-2/).

Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995).

In another unpublished decision, a trial court ruled that an urban renewal authority is an enterprise

because it is a "government-appointed authority" that can issue bonds. The opinion, which was not appealed, did

not provide a basis for this finding, nor did it explain how a "government-appointed authority" satisfies the

constitutional requirement that an enterprise must be a "government-owned business." Bd. of County Comm'rs v. City

of Broomfield, 95 CV 1430-3, Boulder County District Court, ruling and order re: declaratory judgment claim dated

January 17, 1997.

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enterprise for purposes of TABOR.

The court found that the authority did not constitute a

"government-owned business" due to the authority's ability to impose several different types

of taxes. After the court issued this decision, the taxing authority of the E-470 Highway

Authority was repealed. The authority subsequently filed a declaratory judgment action, and

the Arapahoe County District Court declared that the authority qualified as an enterprise.

9.2.2.2 Authority to Issue its Own Revenue Bonds

The requirement that an enterprise has "authority to issue its own revenue bonds" raises

three issues.

! First, only the authority to issue revenue bonds is required to qualify as an

enterprise. The actual issuance of revenue bonds is not required.

! Second, there is precedent for statutorily imposing conditions on the authority

to issue revenue bonds, including prior approval by another body. For

example, the issuance of revenue bonds by a board of public hospital trustees

of a county hospital is not effective for up to thirty days to give the board of

county commissioners an opportunity to review the bond issue and to make

an objection that would prevent the issuance of the revenue bonds.

Similarly,

the revenue-bonding authority of the Colorado lottery commission is limited

to a maximum amount of $10 million and may be exercised only upon the

approval of both houses of the General Assembly and the Governor.

! Third, it is not known whether the revenue bonds must be issued by the

government-owned business itself or whether the bonds can be issued by the

governing board of the government-owned business or by the government

owning the business. Some approaches taken so far give the governing board

of the business the authority to issue revenue bonds for the business.

Any of these approaches to granting revenue bonding authority may or may not survive a

constitutional challenge. Exercise caution in deciding who should have authority to issue

revenue bonds for purposes of obtaining enterprise status and what authority is being

granted.

Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995).

In re the Petition of the E-470 Highway Authority, 96 CV 946, Arapahoe County District Court, order dated

June 26, 1996. The decision was not appealed.

Section 25-3-304 (4)(b), C.R.S.

Section 24-35-221 (1)(a), C.R.S.

For example, the governing body of an institution of higher education has authority to issue bonds for

auxiliary facilities, such as bookstores, student unions, and parking garages, section 23-5-101.5, C.R.S.; the

Colorado lottery commission has authority to issue revenue bonds for the state lottery division, section 24-35-221,

C.R.S.

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9.2.2.3 Receives Less Than 10% of Annual Revenue in Grants

Another question in whether an operation qualifies as an enterprise under TABOR relates to

what is considered a "grant" for purposes of the 10% limitation. The fact that TABOR does

not define "grant" has led to different interpretations of the term. One interpretation is that

grants include any kind of support, tangible or intangible, cash or in kind, that a government

may give to an enterprise, such as property and sales tax exemptions or infrastructure.

Another interpretation would include only grants received through formal grant programs.

For state enterprises, "grant" is defined to mean "any direct cash subsidy or other direct

contribution of money from the state or any local government in Colorado that is not

required to be repaid."

The definition also specifically excludes: 1) Any indirect benefits

conferred by the state or local governments; 2) any revenues resulting from rates, fees,

assessments, or other charges imposed for goods or services provided by an enterprise; and

3) any federal funds, no matter whether these funds pass through the state or local

governments to an enterprise.

Statutes governing certain state enterprises that were enacted

before section 24-77-102, C.R.S., also include similar definitions of "grant". For purposes of

designating new state enterprises, it is necessary only to cross-reference the definition of

"grant" in section 24-77-102 (7), C.R.S.

In the few legislative enactments relating to local government enterprises, such as county

hospitals and water, sewer, and drainage enterprises, statutory definitions of the term "grant"

similar to the definition in section 24-77-102 (7), C.R.S., were used.

9.3 LIMITATION ON FISCAL YEAR SPENDING

TABOR limits state fiscal year spending by providing, in part, that "(t)he maximum annual

percentage change in state fiscal year spending equals inflation plus the percentage change in

state population in the prior calendar year, adjusted for revenue changes approved by the

voters after 1991."

A similar fiscal year spending limit is imposed on local governments by

TABOR, which states that "(t)he maximum annual percentage change in each local district's

fiscal year spending equals inflation in the prior calendar year plus annual local growth,

adjusted for revenue changes approved by the voters".

TABOR limits the growth of fiscal year spending of state government and of local

governments respectively by capping the amount by which spending can annually increase.

TABOR spending limits are much broader in scope than any limits previously imposed on

the state or on local governments since TABOR spending limits restrict the revenues that

can be received annually.

Section 24-77-102 (7)(a), C.R.S.

Section 24-77-102 (7)(b), C.R.S.

Colo. Const. art. X, §20 (7)(a).

Colo. Const. art. X, §20 (7)(b).

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Although the fiscal year spending limit of a government allows a certain amount of

expenditures and reserve increases, the government can only spend the revenues it has

collected. If actual revenues are less than the amount of allowable fiscal year spending, a

government's spending limit becomes the amount of actual revenue and results in a

"deflated" base for use in future years. This is commonly referred to as the "ratcheting down"

effect. Where actual revenues exceed the spending limit, the government is required to

refund the excess revenues in the next fiscal year unless the voters approve a revenue change

to allow the excess revenues to be retained by the government.

9.3.1 Fiscal Year Spending

The fiscal year "spending limits" imposed by TABOR are in reality limits on the revenues

the state and each local government can raise each year. By defining "fiscal year spending"

to include not only "all district expenditures" but also "reserve increases", spending includes

all revenues collected by a government, whether the revenues are spent (in which case it is

an "expenditure") or not (in which case it is saved as a "reserve increase").

Spending limits apply to all governmental revenues except those expressly excluded from

"fiscal year spending." "Fiscal year spending" does not include reserve transfers or

expenditures, or any expenditures or reserve increases: 1) For refunds of excess state

revenues made in the current fiscal year or in the subsequent fiscal year; 2) from gifts; 3)

from federal funds; 4) from collections for another government; 5) from pension

contributions from employees; 6) from pension fund earnings; 7) from damage awards; and

8) from property sales.

"State fiscal year spending" as defined in section 24-77-102 (17), C.R.S., contains the same

exclusions as specified in the constitution. The statute also excludes net lottery proceeds,

except for portions distributed to the capital construction fund for payment of debt service of

specified obligations and for portions that spill over into the general fund. This additional

exclusion results from the General Assembly harmonizing the provisions of TABOR and

article XXVII (the Great Outdoors Colorado Program) and was upheld by the Colorado

Supreme Court in Submission of Interrogatories on Senate Bill 93-74, 852 P.2d 1 (Colo. 1993).

Since revenues within any of the specified classifications are not subject to the fiscal year

spending limits imposed by TABOR, the drafter should keep these classifications in mind

when drafting because the drafter may or may not want expenditures relating to proposed

legislation to be subject to any fiscal year spending limit.

9.3.2 Calculation of Fiscal Year Spending Limits

9.3.2.1 Allowable Annual Growth

Under article X, section 20 (7)(a), the state spending limit (and with it, state revenues) may

Colo. Const. art. X, §20 (7)(d).

Colo. Const. art. X, §20 (2)(e).

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increase or decrease by the amount of annual change in inflation and in state population.

For a local government, the spending limit increases or decreases depending on the amount

of change in inflation and in annual local growth.

Two definitions of "local growth" that

depend on whether a local government is a school district are set forth in article X, section

20 (2)(g).

9.3.2.2 Fiscal Year Spending Base

In calculating a government's spending limit, the growth factors are not applied to all of its

fiscal year spending for the previous year. Certain types of fiscal year spending, such as

annual debt service payments, refunds made pursuant to TABOR, and voter-approved

revenue changes, are excluded to arrive at a fiscal year spending base. Other adjustments are

made to the spending base to reflect the qualification and disqualification of enterprises and

any increases and decreases in bonded indebtedness.

Once a government's fiscal year spending base is determined, the appropriate growth factors

are applied only to the spending base. Once this calculation is made, the fiscal year spending

excluded from the spending base is added back in which results in the maximum amount of

fiscal year spending allowed in a given year. This calculation can result in a government's

allowable fiscal year spending either increasing or decreasing from the previous year's level

of fiscal year spending.

9.3.2.3 Voter-approved Revenue Changes

Although voter-approved revenue changes are not included in the fiscal year spending base

for purposes of applying the growth factors, they are included in the allowable amount of

fiscal year spending so that a government may always spend or save these revenues. The two

basic types of voter-approved revenue changes under TABOR are: 1) matters relating to

taxes that require voter approval under article X, section 20 (4)(a) (new tax, tax rate increase,

mill levy increase, etc.); and 2) matters not relating to taxes (e.g., a number of cities,

counties, and other districts have obtained voter approval to keep taxes and other revenues

that exceed the amount of their spending limit). Obtaining voter approval to retain or spend

revenues that exceed a spending limit is informally referred to as "de-Brucing"after a

proponent of TABOR, Douglas Bruce. Keep in mind the option of referring proposed

legislation for voter approval to ensure that revenues that would result from the proposed

legislation are always included within the fiscal year spending limit as a voter-approved

revenue change.

9.3.3 Special Considerations When Drafting Tax Reduction Bills

Bills that provide tax relief (i.e., create or modify a tax exemption or credit or reduce a tax

Colo. Const. art. X, §20 (7)(a).

Colo. Const. art. X, §20 (7)(b).

See Colo. Const. art. X, §20 (7)(d).

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rate) may create a temporary TABOR refund mechanism that is triggered only when state

revenues exceed the constitutional spending limit or a permanent tax cut that is allowed

regardless of whether the state has excess revenues. Since both TABOR refund mechanisms

and permanent tax reductions have the same impact on general fund revenues, the only

difference between the two is whether the excess revenues that the General Assembly

already has on hand can be used to replace the lost general fund revenues. For refund

mechanisms, excess revenues are used to replace the lost general fund revenues and the

amount of total state general fund revenues remains unchanged. For permanent tax

reductions, lost general fund revenues are not replaced with excess state revenues. The

drafter should clarify this point so the fiscal note division and the economists in the

Legislative Council can track state revenues and analyze the fiscal impact of proposed bills.

If the sponsor intends for a particular credit or tax reduction to be a temporary TABOR

refund mechanism, include in the legislative intent that "the general assembly finds and

declares that the (tax credit, exemption, etc) is a reasonable method of refunding excess state

revenues".

9.4 VOTER APPROVAL REQUIREMENTS

TABOR requires voter approval in advance for increases in taxes or debt, revenue changes,

and weakening of any revenue, spending, or debt limit.

9.4.1 Tax Increases

TABOR requires prior voter approval for "any new tax, tax rate increase, mill levy above

that for the prior year, valuation for assessment ratio increase for a property class, or

extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain to

any district."

If a bill includes any of these actions involving taxes, voter approval is

required before the action can take effect.

TABOR

provides two exceptions to this voter-approval requirement: 1) If annual

government revenue falls below the amount needed for annual payments for bonds, pension,

and final court judgments, the voter approval requirement is suspended and revenues may be

raised to cover the shortfall;

100

and 2) if the emergency tax requirements specified in TABOR

are met.

101

It is assumed that voter approval is not required to reinstate a tax rate temporarily

reduced or to eliminate a tax credit temporarily granted when the original action was taken

to effect a refund under TABOR.

102

Similarly, while a bill may not raise a tax rate that has

been previously lowered by a separate bill, it may be possible for a single bill to lower a tax

Colo. Const. art. X, §20 (4)(a).

Id.

100

Colo. Const. art. X, §20 (1).

101

Colo. Const. art. X, §20 (6).

102

See Colo. Const. art. X, §20 (1).

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rate temporarily and provide for the rate to go back up to the existing rate at some point in

the future. To date, a court has not resolved these issues.

9.4.1.1 Taxes vs. Nontaxes

The voter-approval requirement of TABOR applies only to matters directly relating to taxes,

not the imposition or increase of any charge. The term "tax" is not defined by TABOR and

has not been defined by statute or case law for purposes of this requirement.

The manner in which the courts have distinguished between taxes and other types of

governmental charges before the approval of TABOR may suggest how a court would define

the term "tax" for purposes of this constitutional provision. The courts have generally

distinguished between taxes and other charges based upon the nature of the particular charge

involved rather than how the charge is designated (whether a charge is called a tax or a fee).

In distinguishing between taxes and other charges, the courts first determine whether the

charge is a pecuniary charge imposed upon persons or property by legislative authority to

raise money for a public purpose. If so, the charge may be a tax unless it is a fee, fine, or

special assessment.

Fees imposed to defray the cost of a particular governmental service have been held by the

courts not to be taxes if the amount charged is reasonably related to the overall cost of the

service, although mathematical exactitude is not required. But a fee may be a tax if the

principal purpose of the fee is to raise revenues for general public purposes rather than to

defray the expenses of the particular service provided.

Fines are charges imposed by a judicial or administrative tribunal as a penalty for an offense.

Special assessments are charges imposed to finance a specific local improvement that confers a

special benefit to the property assessed that is at least equal to the charge and directed to the

users of that improvement. If a governmental charge is not a fine, fee, or special assessment,

the charge is probably a tax.

If any doubt remains after applying this analysis, ask the following additional questions: 1) Is

there any evidence that the people who voted for TABOR intended that this charge be

subject to voter approval? 2) Will a vote on the charge "reasonably restrain most the growth

of government"? 3) Is the charge commonly called a "tax"? 4) How broadly based is the

charge?

See the research database for a checklist analysis in determining whether a charge is a tax.

9.4.1.2 Examples of Tax Increases Requiring Voter Approval

"New tax": Statewide tourism tax.

"Tax rate increase": Increase in sales or income tax rate.

"Mill levy above that for the prior year": Only local governments impose property tax mill levies

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since TABOR prohibits the state from imposing a property tax.

103

The Colorado Supreme

Court ruled that a ballot issue approved before the adoption of TABOR may contain a

mechanism to increase a mill levy to repay debt without seeking further voter approval.

104

The same decision specifies that voter approval would be required for "those taxes that are

new or represent increases from the previous year". It appears, therefore, that any mill levy

increase that is not related to a ballot issue approved before TABOR took effect requires

voter approval.

"Valuation for assessment increase for a property class": Pursuant to article X, section 3 (the

"Gallagher" amendment), the General Assembly sets the valuation for assessment ratio for

residential real property. Although the residential ratio decreased since the inception of the

Gallagher amendment, it stayed the same for the 1999-2000 property tax cycle even though

it should have increased under the Gallagher amendment. Because of TABOR, any increase

in the ratio would require voter approval.

"Extension of an expiring tax": Extension of the sales and use tax imposed by the Denver

Metropolitan Scientific and Cultural Facilities District. This tax was originally scheduled to

expire July 1, 1996, but was extended by voter approval until June 30, 2006.

"Tax policy change directly causing a net revenue gain to any district": This phrase is not defined

and poses the most difficulty in trying to ascertain its meaning. Some tax policy changes

subject to voter approval are easier to identify than others. For example, the creation of a

sales tax exemption does not require voter approval since it does not result in a net revenue

gain. However, the repeal of a sales tax exemption appears to require voter approval since

such repeal would result in increased revenues. In other situations, a bill may contain several

related tax policy changes - some that would cause a revenue gain and some that would

cause a revenue reduction. The Colorado Attorney General has issued an opinion that, in

such case, a good faith fiscal analysis of the changes is required and that voter approval

would not be required if a revenue gain caused by a particular tax policy change is offset by

a reduction due to another related change.

105

More difficult questions involve actions such as

changes in property tax classifications and decreases in the vendor's fee for collecting sales

taxes since it is more difficult to determine if such actions directly result in a net revenue

gain.

106

103

Colo. Const. art. X, §20 (8).

104

Bolt v. Arapahoe County School District #6, a/k/a/ Littleton Public Schools, 898 P.2d 525 (Colo. 1995).

105

See Attorney General Opinion 96-1, dated February 27, 1996. This opinion analyzed whether proposed

changes to the Urban and Rural Enterprise Zone Act constituted a tax policy change resulting in a net revenue

gain. See also the OLLS memorandum, dated 01/15/1996, titled "Test to be applied in determining what is a tax

policy change directly causing a net revenue gain to any district under article X, section 20 (4)(a) of the Colorado

constitution".

106

See the OLLS memorandum, dated 03/26/1997, titled "Proposals to fund the Colorado travel and

tourism authority from the sales tax vendor's fee of businesses affected by travel and tourism". In the memorandum,

the OLLS took the position that a decrease in the vendor's fee was not a change in tax policy that directly resulted

in a net revenue gain.

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9.4.1.3 Mandatory Ballot Title Language for Tax Increases

TABOR specifies language that must be used to begin ballot questions for tax increases.

107

See the discussion under section 9.5.2.

9.4.2 Multiple-fiscal Year Financial Obligations

TABOR requires prior voter approval for the "creation of any multiple-fiscal year direct or

indirect district debt or other financial obligation whatsoever without adequate present cash

reserves pledged irrevocably and held for payments in all future fiscal years."

108

Two

exceptions are: 1) Refinancing bonded debt at a lower interest rate; and 2) adding new

employees to existing government pension plans.

9.4.2.1 Debt

The voter-approval requirement for "multiple-fiscal year . . . debt" is not an issue from the

state's perspective since the state cannot incur debt. Article XI, section 3 expressly prohibits

the incurrence of state debt, and article X, section 2 requires that the estimated annual

expenses of state government be paid by annual taxes.

Prior voter approval of the incurrence of debt by a local government is not a new idea.

Before the approval of TABOR, voter approval of local government indebtedness was

generally required under various constitutional, statutory, and home rule charter provisions.

Requiring voter approval of "multiple-fiscal year . . . debt" did not result in any significant

change in procedures for issuance of debt by local governments.

See the discussion under section 9.5.2 relating to the ballot title language that must be used

for ballot questions for bonded debt increases.

9.4.2.2 Multiple-fiscal Year Financial Obligations Other than Debt

Before TABOR, judicial determinations and legislative actions held that certain types of

instruments were not "debt". These include revenue bonds, certificates of participation,

lease-purchase agreements, water bonds, and other multi-year contracts that did not involve

a pledge of the full faith and credit of the government or that are subject to annual

appropriation.

While these instruments may not be "debt", they may now be subject to TABOR, which

requires prior voter approval for "any multiple-fiscal year . . . financial obligation

whatsoever".

109

(Emphasis added.) This phrase raises the question whether every form of

multi-year contract that involves the payment of money requires prior voter approval, no

107

Colo. Const. art. X, §20 (3)(c).

108

Colo. Const. art. X, §20 (4)(b).

109

Colo. Const. art. X, §20 (4)(b).

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matter whether the contract is subject to annual appropriation and therefore terminable at

will by the government at the end of each fiscal year. Under a broad interpretation, voter

approval would be required for all leases, lease-purchase agreements, leases involving

certificates of participation, employment contracts, equipment maintenance agreements,

intergovernmental agreements, major construction contracts, and any other type of contract

operating for more than one year.

To date, there have been few interpretations of the phrase "multiple-fiscal year . . . financial

obligation whatsoever". Section 24-30-202 (5.5), C.R.S., provides that, in general, state

contracts that are subject to annual appropriation should not be considered multiple-fiscal

year financial obligations for purposes of article X, section 20 (4)(b). However, the statutes

continue to provide that the state is prohibited from entering into leases involving certificates

of participation until there is a final court determination as to the constitutionality of the

issuance of certificates of participation.

110

In Board of County Commissioners of Boulder County v. Dougherty, Dawkins, Strand, & Bigelow,

Inc., 890 P.2d 199 (Colo. App. 1994), the Colorado Court of Appeals held that a

lease-purchase agreement subject to annual renewal or appropriation was not a

"multiple-fiscal year direct or indirect debt or other financial obligation" and therefore did

not require voter approval. In its analysis, the court of appeals found the words "debt" and

"obligation" to be virtually synonymous. This decision was not appealed; however, in a

subsequent case the Colorado Supreme Court overruled Dougherty Dawkins to the extent that

the phrases "multiple-fiscal year direct or indirect district debt or other financial obligation

whatsoever" and "debt by loan in any form" were held to be synonymous.

111

In Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), the Colorado

Supreme Court interpreted the phrase "other financial obligation whatsoever" to include

obligations not commonly treated as "debt" and to indicate that TABOR was intended to

encompass a broad scope of financial obligations not limited to general obligation bonds.

Both revenue bonds and intergovernmental loans were held by the court to constitute

financial obligations under TABOR.

In Submission of Interrogatories on House Bill 99-1325, 979 P.2d 549 (Colo. 1999), the Colorado

Supreme Court considered whether revenue anticipation notes (known as "RANs")

112

would

constitute a "multiple-fiscal year direct or indirect debt or other financial obligation

whatsoever." The court held that, consistent with its decision in Nicholl v. E-470, the phrase

"multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever"

is broader than the phrase "debt by loan in any form", but that the phrase is not without

bounds. The court confirmed that lease-purchase agreements for equipment, such as copy

machines, computers, or road graders, do not constitute financial obligations requiring voter

approval because they do not involve the borrowing of funds or pledge the credit of the state.

110

See sections 24-82-703, 24-82-705, and 24-82-801, C.R.S.

111

Submission of Interrogatories on House Bill 99-1325, 979 P.2d 549 (Colo. 1999).

112

As authorized by H.B. 99-1325, the state could issue RANs to finance transportation projects

throughout the state. The state would pledge future federal and state funds to be received by the state to repay the

RANs.

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In contrast, the court held that RANs are different from lease-purchase agreements for

equipment because the state is receiving money in the form of a loan from investors and that

there is an implied unconditional promise to repay the RANs. The fact that payment is

discretionary beyond the first year is not controlling in determining whether an obligation is

a multiple-year financial obligation. Rather, the entire obligation must be looked at as a

whole. In addition, the court held that the fact that the amount of the RANs to be issued was

substantial made it reasonable that voters would have expected the RANs to be submitted to

them for their approval.

9.4.3 Voter-approved Revenue Changes Not Associated with Tax

Increases

"Voter-approved revenue changes", as used in the spending limits imposed by TABOR,

includes tax increases that must receive prior voter approval. This phrase also allows ballot

issues on revenue changes that do not involve tax rate increases. TABOR also states that

"(v)oter-approved revenues changes do not require a tax rate change".

113

It would appear

that such a vote can occur in anticipation of excess revenues received by a government in a

given year or after excess revenues are collected. Another type of "voter-approved revenue

change" would be authorization to expend revenues resulting from a new revenue source

that does not require voter approval. For example, authority to spend revenues resulting

from a new or increased fee would ensure that the amount of estimated fee revenues could

always be kept or spent.

9.4.4 Weakening of Other Revenue, Spending, and Debt Limits

TABOR states that "[o]ther limits on district revenue, spending, and debt may be weakened

only by future voter approval."

114

Identifying other revenue, spending, and debt limits and

determining whether a proposed action would "weaken" a limit may be difficult. The issue is

further complicated because TABOR also states that it supersedes "conflicting" provisions of

state and local law.

115

The drafter must consider whether a proposed action would weaken a

state or local limit on revenue, spending, or debt or whether such limit has been superseded

by TABOR.

In one of the few interpretations of this requirement, the Attorney General issued an opinion

that the statutory 5.5% property tax revenue limitation in section 29-1-301, C.R.S., is an

"other limit" that cannot be ignored or repealed without voter approval.

116

Under this

interpretation, local governments must calculate property tax limits pursuant to both

TABOR and section 29-1-301, C.R.S., and comply with the one that is more restrictive.

To decide at what level voter approval is required, determine whether a proposed legislative

113

Colo. Const. art. X, §20 (7)(d).

114

Colo. Const. art. X, §20 (1).

115

Colo. Const. art. X, §20 (1).

116

See Attorney General Opinion No. 93-8, dated August 27, 1993.

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action involves a revenue, spending, or debt limit of the state or of local government and

whether a proposed legislative action weakens the limit. A statewide vote is not necessarily

required just because a statutory limit is modified. For example, section 22-53-117, C.R.S.,

restricts the amount of additional property tax revenues that a school district can raise with

voter approval. This is known as the "local override limit". It is the position of the Office that

a statutory increase to the local override limit does not require statewide approval. Since the

limit is a school district limit, only the approval by the voters of the district subject to the

limit is required by TABOR. (See Knowledgebase)

9.5 BALLOT ISSUES

9.5.1 Ballot issues at November odd-numbered year elections

TABOR states that "(b)allot issues shall be decided in a state general election, biennial local

district election, or on the first Tuesday in November of odd-numbered years."

117

The phrase

"ballot issue" is defined as "a non-recall petition or referred measure in an election."

118

These

provisions raise the issue of whether the election provisions of TABOR apply only to taxing,

revenue, and spending measures arising from TABOR itself or whether they apply to all

elections and all ballot issues.

Ballot questions involving TABOR arise in part due to other constitutional provisions that

relate to the rights of initiative and referendum and to the authority of the General Assembly

to propose amendments to the state constitution. Article V, section 1 (1) and (4) and article

XIX, section 2 provide for statewide initiatives and referendums as well as for constitutional

amendments proposed by the General Assembly being submitted at the general election. In

addition, current statutes and home rule city charters authorize or require certain questions

to be submitted to local voters at special elections.

In Zaner v. City of Brighton, 917 P.2d 280 (Colo 1996), the Colorado Supreme Court

concluded that the election provisions of TABOR apply only to issues of government

financing, spending, and taxation arising under TABOR and that they have no bearing on

the ability to schedule special elections on local measures not arising under TABOR. In

Zaner, the court specifically held that because TABOR applies only to fiscal ballot issues, the

city of Brighton's August special election to transfer a utility franchise did not violate

TABOR's election provisions.

To clarify the scope of these election provisions, sections 1-41-102 and 1-41-103, C.R.S.,

specify that only ballot issues arising under TABOR, whether state or local issues, can be

submitted at a November election in an odd-numbered year. The "Issues arising under ..."

language should be construed to include only those matters that TABOR requires to be

117

Colo. Const. art. X, §20 (3)(a).

118

Colo. Const. art. X, §20 (2)(a).

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submitted, i.e., tax increases, debt increases, and the like.

119

State matters arising under

TABOR must be in the form of: 1) State constitutional amendments submitted by the

General Assembly; 2) state legislation and state constitutional amendments submitted by

initiative petition; 3) measures referred to the people by the General Assembly; 4) measures

referred to the people by referendum; 5) questions referred by the General Assembly; and 6)

questions initiated by the people.

120

Local matters arising under TABOR must be in the form of: 1) Home rule charter

amendments submitted by initiative petition or referred by the governing body of the home

rule entity; 2) ordinances, resolutions, or franchise proposals; 3) measures referred to the

people by referendum; 4) questions referred by the governing body of the local government;

and 5) questions initiated by the people.

121

For purposes of both state and local matters arising under TABOR, a "question" is a

proposition in the form of a question meeting TABOR requirements without reference to

any specific state law or constitutional provision. For example, when a government collects

more revenue than allowed under its spending limit, a ballot question asking permission for

the government to exceed its spending limit by the amount of excess revenues is a question

that could be submitted at a November odd-numbered year election.

When drafting bills, drafters should consider specifying at which elections: 1) a particular

issue may be submitted to local voters; or 2) bills or concurrent resolutions may properly be

referred to the voters by the General Assembly.

To refer a constitutional amendment at the proper election, whether or not the proposed

amendment arises from TABOR, begin as follows:

SECTION 1. At the election held on November, (insert date & year) , the secretary

of state shall submit . . .

For referred bills arising from TABOR, begin:

SECTION 2. Refer to people under referendum. At the election held on

November, (insert date & year) , the secretary of state shall submit this act by its ballot title

to the registered electors of the state for their approval or rejection. Each elector voting at

the election may cast a vote either "Yes/For" or "No/Against" on the following ballot title:

"Shall [insert language here]?" Except as otherwise provided in section 1-40-123, Colorado

Revised Statutes, if a majority of the electors voting on the ballot title vote "Yes/For", then

the act will become part of the Colorado Revised Statutes.

122

119

See sections 1-41-102 (4) and 1-41-103 (4), C.R.S.

120

Section 1-41-102, C.R.S.

121

Section 1-41-103, C.R.S.

122

See observation 9, below, for an example of having the secretary of state refer a TABOR question

directly to the voters.

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9.5.2 Required Ballot Language for Tax and Bonded Debt Increases

Use the precise language specified in article X, section 20 (3)(c) to begin ballot questions for

tax increases and for bonded debt increases as follows:

Shall (district) taxes be increased (first, or if phased in, final, full fiscal year dollar increase)

annually...?"

Shall (district) debt be increased (principal amount), with a repayment cost of (maximum

total district cost), . . .?

Regarding the constitutional ballot language:

1. The language specified in article X, section 20 (3)(c) applies only to ballot questions

involving tax increases and bonded debt increases. Ballot issues other than tax increase and

bonded debt questions are not required to begin with the language specified in article X,

section 20 (3)(c). In Bickel v. City of Boulder, 885 P.2d 215 (Colo. 1994), one challenge

involved a municipal ballot question to grant a gas and electricity franchise within the city.

Although the Colorado Supreme Court recognized that the ballot issue also sought approval

of a contingent tax increase, the court held that the city of Boulder was not required to begin

the ballot question with the constitutional ballot language for tax increases since the primary

purpose of the ballot question was to grant the franchise.

Although the ballot language for ballot questions not concerning tax or bonded debt

increases is left to the discretion of the drafter, ballot language should always adequately

express the true intent and meaning of the measure being submitted. Nothing prohibits such

ballot questions from adopting a format similar to that constitutionally specified for tax and

bonded debt increases (e.g., a ballot question for the extension of an expiring tax could

include a dollar amount of how much revenue could be expended under a government's

spending limit in the first fiscal year after extension and in each fiscal year thereafter). For

example, see the ballot language in section 32-13-105, C.R.S., to extend the scientific and

cultural facilities district tax.

2. Since article X, section 20 (3) specifies only the first few words of the ballot language for

tax and bonded debt increases, there is discretion in completing the ballot language. For

example, the ballot language for the reinstatement of the Colorado tourism promotion tax

reads as follows:

Shall state taxes be increased by $13,100,000 annually in the first full fiscal year of

implementation, and by $13,100,000 as adjusted for inflation plus the percentage change in

state population for each fiscal year after the first full fiscal year of implementation, by

reinstating the 0.2 percent sales tax on tourist-related items, including lodging services,

restaurant food and drinks, ski lift admission, private tourist attraction admission, passenger

automobile rental, and tour bus and sightseeing tickets for the purpose of funding statewide

tourism marketing and promotional programs under the Colorado tourism board in order to

assist future tourism growth and promote Colorado's continuing economic health?

If a concurrent resolution amending the state constitution contains a TABOR ballot

question, it is also subject to Office guidelines for drafting ballot titles for concurrent

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resolutions. For these guidelines, see section 10.2 of this manual.

While the ballot title in the bill or resolution is in lower case, the secretary of state's rule

4.8.1 requires it to be printed in all uppercase, which complies with article X, section 20

(3)(c) of the state constitution.

3. Consolidated ballot issues involving bonded debt increases and tax increases to repay the

debt are permissible under TABOR since both topics are naturally related and connected to

one subject. The ballot title for a consolidated bonded debt and tax increase must include the

ballot language in article X, section 20 (3)(c) for both the bonded debt and tax increases.

Bickel v. City of Boulder, 885 P.2d 215 (Colo. 1994).

4. Ballot language for tax or bonded debt increases must contain a dollar estimate as

required by article X, section 20 (3)(c). In Bickel v. City of Boulder, 885 P.2d 215 (Colo. 1994),

a challenge was made to a combined bonded debt and tax ballot question that asked, in part,

for approval of increased property taxes "in an amount sufficient to pay the principal of and

interest on such bonds." Observing that the city was seeking approval of an open-ended tax

increase, the Colorado Supreme Court held that this portion of the ballot question violated

the requirements of TABOR by not including an estimate of the full fiscal year dollar

increase in property tax.

5. The question exists whether the dollar amount of a tax increase, as required to be stated in

the ballot question, can increase after the first fiscal year. While "voter-approved revenue

changes" are specifically excluded from a government's spending base for purposes of

calculating its fiscal year spending limit,

123

it is not clear whether voters can approve a tax

increase that allows tax revenues to increase in the future.

Proponents of TABOR argue that taxes can be increased only in fixed annual dollar

amounts and the amount stated in the ballot question cannot be exceeded without additional

voter approval. A different approach was taken in the ballot question for the Colorado

tourism promotion tax set forth in observation 2 above. In this ballot question, a set dollar

amount was stated for the first fiscal year and, for future fiscal years, the same dollar amount

as adjusted for inflation and changes in state population. This approach was challenged in

Campbell v. Meyer, Denver District Court, 93 CV 4343. In its decision, the District Court

upheld the ballot language but reserved judgment on the constitutionality of the revenue

formula until after the election. The Court of Appeals dismissed this case on appeal on the

ground of mootness since the voters defeated the proposal.

Some ballot questions approved by municipal voters allowing tax revenues to increase by the

actual amount raised by the increased rate of tax have been upheld. In one of these cases,

City of Aurora v. Acosta, 892 P.2d 264 (Colo. 1994), the Colorado Supreme Court upheld

ballot question language for a municipal sales tax rate increase that expressed the increase as

a dollar amount in the first year, but also allowed the city to keep and spend any and all

revenue derived from the tax increase in future years without limitation as to amount.

6. It appears that a specific tax rate does not have to be stated in a combined bonded debt

123

Colo. Const. art. X, §20 (7)(d).

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and tax increase ballot question where the proposed tax is to repay the indebtedness. In

Bickel v. City of Boulder, 885 P.2d 215 (Colo. 1994), the Boulder County School District and

the City of Boulder asked for voter approval of a specified amount of bonded indebtedness

and of tax increases to pay the indebtedness "without limitation as to rate or amount".

Noting that TABOR does not prohibit this type of authorization, the Colorado Supreme

Court concluded that the voters authorized the local governments to adjust the tax rates as

necessary to repay the debt incurred. The court held "districts may seek present

authorization for future tax rate increases where such rate increases may be necessary to

repay a specific, voter-approved debt" so long as any rate change is consistent with the stated

estimate of the final fiscal year dollar amount of the tax increase.

7. In Campbell v. Meyer, Denver District Court, 93 CV 4343, which involved the ballot

language for the reinstatement of the Colorado tourism promotion tax (see observation 2

above), a District Court held that capital letters should be used as they appear in article X,

section 20 (3)(c). Taking this one step further, the Secretary of State has adopted rules that

require the entire ballot question to appear in capital letters.

8. While bills and concurrent resolutions referred by the General Assembly will set forth the

ballot question to be submitted to the voters statewide, bills authorizing a particular TABOR

issue to be submitted to local voters by initiative or referendum may or may not specify the

ballot language.

124

If a bill is silent as to ballot language, it is the responsibility of the local

government to formulate the ballot question in accordance with TABOR.

9. An alternative to referring an entire bill to the people for statewide voter approval can be

found at section 43-4-703, C.R.S. This section addresses the need to obtain voter approval

before the executive director of the department of transportation can issue revenue

anticipation notes (RANs). Rather than refer the entire bill authorizing RANs to the voters,

the bill was structured so that it would become law, but section 43-4-703, C.R.S., required

the secretary of state to submit a question to the voters statewide before any RANs could be

issued. Drafters should keep this in mind as a possible alternative method for seeking

statewide voter approval under TABOR.

9.6 EMERGENCIES

9.6.1 Emergencies

The term "emergency" is defined by TABOR in terms of what cannot be an emergency. An

"emergency" cannot be "economic conditions, revenue shortfalls, or district salary or fringe

benefit increases."

125

Governments are left to determine and declare emergencies on a

case-by-case basis since "emergency" has not been further defined by statute or case law.

124

For an example of the ballot title being specified for a local government election, see section 32-13-105,

C.R.S.

125

Colo. Const. art. X, §20 (2)(c).

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9.6.2 Emergency Reserves

Beginning in 1993, the state and local governments are required to set aside an emergency

reserve.

126

The amount required for 1993 was 1% of fiscal year spending, for 1994 2% of

fiscal year spending, and for 1995 and years thereafter 3% of fiscal year spending. Unused

money in the emergency reserve is carried forward from year to year.

Emergency reserves can be expended only for "declared emergencies". However, TABOR

does not specify a procedure for the declaration of an emergency to spend emergency reserve

money. Section 24-77-104 (3), C.R.S., provides that a declaration of a state emergency for

purposes of expending the state emergency reserve must be made: 1) By the passage of a

joint resolution which is approved by a two-thirds majority of both houses of the General

Assembly and by the Governor; or 2) by the Governor pursuant to section 24-32-2104 (4),

C.R.S.

While ensuring that money is available for emergencies, TABOR creates a significant

disincentive to spending any emergency reserves. Once emergency reserve money is

expended, the required replenishment of the emergency reserve constitutes a reserve increase

that counts as "fiscal year spending". Since the replenishment of the emergency reserve must

fit within a government's fiscal year spending limit, the amount of money available for other

government services and programs will likely be reduced.

9.6.3 Emergency Taxes

The authority granted to governments by TABOR to impose emergency taxes without prior

voter approval is severely limited.

127

First, emergency taxes can only be imposed after the

emergency reserve is depleted. Secondly, this provision does not grant "any new taxing

authority" so a government cannot levy any tax that it is otherwise not legally authorized to

levy. Thirdly, emergency property taxes are specifically prohibited. In addition, separate

two-thirds majority votes of the governing body of a government are necessary to declare an

emergency and to impose an emergency tax. Section 24-77-105, C.R.S., sets forth the

procedures for the state to impose an emergency tax.

An emergency tax can only be imposed until the next election occurring more than sixty

days after the emergency declaration, and the tax will lapse unless ratified by the voters.

Even if ratified by the voters, emergency taxes are not included in fiscal year spending for

purposes of calculating the government's spending limit. Finally, any emergency tax

revenues not expended on the emergency must be refunded within 180 days after the end of

the emergency.

126

Colo. Const. art. X, §20 (5).

127

Colo. Const. art. X, §20 (6).

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9.7 MISCELLANEOUS REQUIREMENTS AND PROHIBITIONS

9.7.1 Property Taxes

9.7.1.1 Local Government Property Tax Revenue Limitation

Besides the spending limitation and the voter approval requirements of TABOR, local

governments are subject to a property tax revenue limitation. According to article X, section

20 (7)(c), a local government's property tax revenues cannot increase any faster than the rate

of "inflation" plus "local growth" unless the voters approve a property tax revenue change.

The terms "inflation" and "local growth" are defined in article X, section 20 (2)(f) and (2)(g),

respectively. It is possible for a local government to be within its spending limit while

exceeding its property tax revenue limit. Excess property tax revenues must be refunded

unless voters authorize the local government to retain the excess revenues.

9.7.1.2 Prohibitions

TABOR expressly prohibits several types of taxes relating to property. Article X, section 20

(8)(a) prohibits any "new or increased transfer taxes on real property". Real estate transfer

taxes existing at the time TABOR was approved were not abolished. However, article X,

section 20 (4)(a) would require voter approval for any extension of an existing real estate

transfer tax. Article X, section 20 (8)(a) also prohibits the state from imposing a new real

property tax. In addition, the imposition of emergency property taxes is prohibited by article

X, section 20 (6).

9.7.1.3 Business Personal Property Exemptions

Article X, section 20 (8)(b) allows the state and local governments to enact "cumulative

uniform exceptions and credits to reduce or end business personal property taxes." This

language appears to allow individual governments to establish business personal property

tax exemptions or credits for specific classes or to abolish business personal property

taxation completely.

128

The uniformity requirement seems to prevent the granting of such

exemptions or credits on an individual business-by-business basis.

9.7.1.4 Property Tax Assessment Procedures

Article X, section 20 (8)(c), governing the assessment of property for taxation purposes: 1)

Eliminates the legal presumption in favor of the accuracy of the assessor's valuation of

property; 2) requires valuation notices to be mailed annually regardless of whether any

change in valuation occurred (this allows property owners to appeal annually); 3) requires

the value of residential real property to be determined solely by the market approach to

appraisal; and 4) requires assessors to consider foreclosure sales and government property

128

For example, section 39-3-118.5, C.R.S., exempts business personal property from the levy and

collection of the property tax until such business personal property is first used in the business after acquisition.

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sales as comparable market sales for property valuation purposes.

9.7.2 Income Taxes

Article X, section 20 (8)(a) contains several provisions relating to income tax. The

imposition of any local government income tax is expressly prohibited, although the courts

have already interpreted article X, section 17 to prohibit the imposition of income taxes by

local governments. In addition, any income tax rate increase or new state definition of

taxable income can only take effect for the next taxable year. Before TABOR, such income

tax changes could be made in the current tax year without violating the article II, section 11

prohibition against retrospective laws.

Article X, section 20 (8)(a) also requires that any income tax law change after July 1, 1992,

must "require all taxable net income to be taxed at one rate, excluding refund tax credits or

voter-approved tax credits, with no added tax or surcharge." Since a flat rate state income

tax is currently imposed, this provision prevents the flat rate from being replaced by a

graduated income tax. This flat rate requirement is being interpreted by some to disallow

new income tax credits, except for refund or voter-approved tax credits. Since income tax

credits are taken after the flat rate is applied to taxable income, the Office has taken the

position that income tax credits do not violate the flat rate requirement and are still

allowed.

129

Among the income tax credits that have been established since TABOR's enactment are: Section

39-22-119,(child care expenses); section 39-22-122, (purchase of long-term care insurance); section 39-22-520,

(investment in school-to-career programs); and section 39-22-522, (donation of conservation easement).

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CHAPTER 10: RESOLUTIONS AND MEMORIALS

10.1 APPLICABLE LEGISLATIVE RULES

Drafting resolutions and memorials is quite different from drafting bills, with the exception

of drafting concurrent resolutions that propose amendments to the state constitution.

Resolutions and memorials are classified by Senate Rule No. 30 and by House Rule No. 26.

Senate Rule No. 30 provides, in pertinent part, as follows:

Rules of the Senate

30. Resolutions and Memorials

Resolutions and memorials shall be of the following classes:

(a) (1) Senate concurrent resolutions, which shall:

(A) Propose amendments to the state constitution or recommend the holding of

a constitutional convention. ...

(B) Ratify proposed amendments to the federal constitution. ...

...

(b) Senate joint resolutions, which pertain to:

(1) The transaction of the business of both houses.

(2) The establishment of investigating committees composed of members of

both houses.

(3) An expression of the will of both houses on any matter that is not the

subject of a tribute as provided for in Senate Rule 30A.

...

cover any purpose similar to a joint resolution, but relate solely to the Senate. ...

(d) Senate joint memorials or Senate memorials, which shall pertain to resolutions

memorializing the Congress of the United States on any matter, or to an expression

of sentiment on the death of any person or persons who served as members of the

General Assembly, present or former elected State officials, present or former

justices of the Colorado Supreme Court, members of Congress, elected officials of

other states or of the United States, or foreign dignitaries. ...

...

House Rule No. 26 is similar to Senate Rule NO. 30 as to the classification of resolutions and

memorials; except that memorials introduced in the House of Representatives deal only with

the expression of sentiment for former members of the General Assembly that have died.

House Rule No. 26 also allows a House resolution and House joint resolution to recognize

the death of a person serving in the armed forces or of an individual member of a police,

sheriff, or fire department who died while performing duties for the department or recognize

a national holiday.

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10.2 CONCURRENT RESOLUTIONS

Under Senate Rule No. 30 and House Rule No. 26, a proposed amendment to the state

constitution and the question of holding a state constitutional convention are drafted as

concurrent resolutions. The drafter should become familiar with the form of a concurrent

resolution for either of these purposes. See the examples in Appendix A of this manual.

Article XIX of the Colorado Constitution requires the General Assembly to submit both of

these types of concurrent resolutions to the voters for approval.

As previously discussed in Chapter 5 of this manual, the provisions of Joint Rule No. 21 of

the Senate and House of Representatives apply to concurrent resolutions that propose

constitutional amendments. Drafters must show new language in small capital letters and

show repealed language in strike type.

In 1994, voters adopted a single-subject rule for titles of constitutional amendments. The

single-subject requirement is contained in article XIX, section 2 of the Colorado

Constitution. The same rules on single subject for drafting bill titles apply to drafting titles to

constitutional amendments. Article XIX, section 2 also provides in part: "But each general

assembly shall have no power to propose amendments to more than six articles of this

constitution."

130

The General Assembly also has the power to amend a proposed

constitutional amendment passed at a prior session if the proposed amendment has not yet

been submitted to a vote of the people.

131

The General Assembly also ratifies amendments to the U.S. Constitution by concurrent

resolution. For examples of concurrent resolutions, see Appendix A of this manual.

10.2.1 Guidelines for Drafting Concurrent Resolutions

1. Most concurrent resolutions have three sections, although there are a few exceptions:

Concurrent resolutions dealing with amendments to the U.S. Constitution or state

constitutional conventions and concurrent resolutions that are contingent on the passage of

another concurrent resolution. The three standard sections of a concurrent resolution are as

follows:

SECTION 1. Contains the paragraph that starts "At the election held on November,

(insert date & year), the secretary of state shall submit to the registered electors of the state

the ballot title set forth in section 2 for the following amendment to the state constitution:".

The amended or added constitutional language follows.

SECTION 2. Contains the ballot title. The concurrent resolution title and the ballot

title in section 2 of the concurrent resolution should be identical; except that the concurrent

resolution title begins with the phrase "SUBMITTING TO THE REGISTERED ELECTORS OF

THE STATE OF COLORADO" and the ballot title begins with the phrase "Shall there be" and

130

The Office of Legislative Legal Services tracks the number of articles amended by proposed concurrent

resolution by each General Assembly.

131

In re Senate Concurrent Resolution No. 10, 137 Colo. 491, 328 P.2d 103 (1958).

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ends with a question mark.

SECTION 3. Contains the result of the vote. The standard language for this

paragraph is "Except as otherwise provided in section 1-40-123, Colorado Revised Statutes,

if [a majority of] [at least fifty-five percent of] the electors voting on the ballot title vote

"Yes/For", then the amendment will become part of the state constitution."

2. The concurrent resolution title and ballot title should meet single-subject requirements

and should accurately reflect the text of the proposed amendment.

3. The concurrent resolution title and ballot title should not include references to the

constitutional provisions being amended in the concurrent resolution. The title should begin

with:

"SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN

AMENDMENT TO THE COLORADO CONSTITUTION CONCERNING...".

4. Proposed constitutional amendments are submitted to the "registered electors". Do not

use "qualified electors" in the title of a concurrent resolution.

5. The format of the concurrent resolution title and the ballot title differs slightly. The

concurrent resolution title is like a bill title in that it appears in small capital letters and bold

type. The ballot title should be in regular type; except that certain ballot titles must meet the

requirements of article X, section 20 (3)(c) of the Colorado Constitution (TABOR), in which

case the ballot title must appear in all capital letters. For further explanation of these types of

TABOR questions, see item 6. of these guidelines.

6. Certain ballot titles must meet the requirements specified in article X, section 20 (3)(c) of

the Colorado Constitution. TABOR questions must begin with the phrase:

"Shall (district) taxes be increased [first, or if phased in, final, full fiscal year dollar

increase] annually...?" or "Shall (district) debt be increased [principal amount], with a

repayment cost of [maximum total district cost], ...?"

The remainder of the question should conform to the guidelines for drafting concurrent

resolution ballot titles. For example: "Shall state taxes be increased by $13,100,000

annually by an amendment to the Colorado constitution concerning...?" If a concurrent

resolution contains this type of question, the concurrent resolution title will not match the

ballot question as it does in other types of concurrent resolutions.

For further explanation of TABOR questions, see Chapter 9 of this manual.

7. Concurrent resolutions contain a resolution summary.

8. A separate amending clause, similar to an amending clause for the C.R.S., is required for

each section of an article in the constitution. See Appendix B of this manual for examples of

how an amending clause should look.

9. Amending clauses are not numbered like bill sections.

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10. Beginning with the general election in 2018, the language in section 3 of a concurrent

resolution varies depending on the content of the concurrent resolution. A concurrent

resolution that only repeals language is subject to approval by a majority of the electors

voting on the ballot title, but a concurrent resolution that adds or amends language must be

approved by at least 55% of the electors voting on the ballot title.

For a concurrent resolution that only repeals language, section 3 will read: "...if a majority

of the electors voting on the ballot title...".

For a concurrent resolution that adds or amends language, section 3 must read: "...if at least

fifty-five percent of the electors voting on the ballot title...".

11. Consult Chapter 6 of the Legislative Editor Manual for additional guidelines concerning

technical aspects of concurrent resolutions.

10.3 JOINT AND SIMPLE RESOLUTIONS

A joint resolution may pertain to the business transactions of the two houses, such as the

joint resolution adopted at the beginning of each session to notify the Governor that the

houses are ready to conduct business and the joint resolution adopted at the end of each

session to adjourn the General Assembly, sine die, that is, to adjourn without appointing a

day to appear or assemble again.

A joint resolution may express the will of both houses on any matter other than matters that

are the subject of tributes. See Senate Rule No. 30A and House Rule No. 26A for the subject

matter of tributes.

A simple resolution, such as a House resolution or a Senate resolution, can pertain to any of

the above purposes, but it does not require the concurrence of both houses, and it must relate

solely to the house in which it is introduced. For example, the house that holds a bill may

use a simple resolution to submit interrogatories to the Colorado Supreme Court, pursuant

to article VI, section 3 of the Colorado Constitution, for an opinion on the bill's

constitutionality. However, the houses may also use a joint resolution for this purpose.

The parts of joint and simple resolutions are:

! The preamble, in the form of "whereas clauses". Please note that under certain

circumstances the preamble, or "whereas clauses", may be omitted.

! The resolving clause; and

! The body of the resolution, which expresses the purpose of the resolution.

In preparing a joint resolution, particularly one that expresses the will and sentiment of the

General Assembly, the drafter should attempt to obtain from the sponsor, preferably in

writing, definite ideas to be used in the "whereas clauses" that express the sentiments of the

sponsor. For instructions on amending resolutions and memorials, see Appendix C of this

manual.

The typical joint resolution described in the preceding paragraph does not have the effect of

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law, and the General Assembly cannot do by resolution that which can only be done by law.

Think of joint resolutions as being like a letter to Santa -- they are hoped for sentiments that

often do not come true. For example, Article V, section 33 of the Colorado Constitution

provides that "No money shall be paid out of the treasury except upon appropriations made

by law...." Thus, the General Assembly cannot appropriate money in a resolution or

memorial.

The statutes require some joint resolutions to go to the Governor for approval or

disapproval. Those joint resolutions, if signed by the Governor, do have the force and effect

of law. An example is the annual resolution on the water pollution control project eligibility

list, which is required by section 37-95-107.6 (4)(b), C.R.S., to be approved by a joint

resolution signed by the Governor.

Examples of joint and simple resolutions are found in Appendix A of this manual.

10.3.1 Process for Creating an Interim Study Committee

Pursuant to section 2-3-303.3, C.R.S., and Joint Rule 24, a legislator may request an interim

study committee by submitting a written request in the form of a letter to the legislative

council regarding the issue that he or she wishes to study during the interim. The legislator

must submit the letter no later than the ninety-fourth day of a regular session. Section

2-3-303.3, C.R.S., specifies the items that a legislator must include in the request. In a

hearing held no later than the one-hundred-eighth day, the legislative council prioritizes the

requests and determines what topics interim committees will study in the coming interim.

Although section 2-3-303.3, C.R.S., states that interim committees may not be requested by

bill or resolution, if a legislator seeks to create an interim study committee to meet for

multiple interims, the legislator may introduce a bill to do so that makes an exception to

section 2-3-303.3, C.R.S. The Legislative Council will hear and vote on the bill as a

committee of reference no later than the one-hundred-eighth day.

In addition, section 2-3-303.3 (3)(c), C.R.S., authorizes the executive committee, after the

legislature has adjourned, to adopt a resolution creating an additional interim committee for

the coming interim. This occurs if the executive committee determines that the additional

interim committee is necessary as a result of changed circumstances or new circumstances

and that the issue to be studied is appropriate for an interim committee.

10.4 JOINT AND SIMPLE MEMORIALS

Memorials may be used for two purposes: (1) To memorialize U.S. Congress on any matter

(Senate memorials only); or (2) as an expression of sentiment on the death of a former

member of the General Assembly. To memorialize a federal agency other than the Congress

or to express opinions to Congress that are to be introduced in the House, the drafter should

prepare either a joint or simple resolution.

Legislators often request memorials to express sentiment for the death of current or former

members of the General Assembly. If a deceased former member served in both houses of

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the General Assembly or if a deceased member served as a member of the current General

Assembly, the drafter should prepare a joint memorial. If a deceased former member served

in only one house, the drafter should prepare a simple memorial, a memorial of only one

house, for the house in which the member served.

If a legislator wants to express sentiment for the death of another public figure or an

individual who did not serve in the General Assembly, the drafter should prepare a simple or

joint resolution.

A memorial is similar in form to a joint or simple resolution in that it contains a preamble

consisting of "whereas clauses", a resolving clause, and a body expressing its purpose. In

drafting a memorial, especially one memorializing U.S. Congress, the drafter should attempt

to obtain from the sponsor, preferably in writing, definite ideas to be used in the "whereas

clauses" in order for the sentiments of the sponsor to be expressed as desired.

Examples of joint and simple memorials are found in the back of any recent volume of the

Session Laws and in Appendix A of this manual.

10.5 TRIBUTES

A tribute is meant for congratulatory purposes. Since it does not need to be adopted by the

House or the Senate, no floor time is necessary for a tribute. Because of this, leadership has

encouraged members to use tributes to congratulate sports teams or to honor exceptional

people or groups rather than joint resolutions or memorials.

Drafters in the Office do not draft tributes. If a Senator requests a tribute, refer the Senator to

the Secretary of the Senate. If a Representative requests a tribute, refer the Representative to

the Chief Clerk of the House of Representatives.

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CHAPTER 11: THE INITIATIVE PROCESS

11.1 CONSTITUTIONAL AND STATUTORY REQUIREMENTS

1.2.3.4.The Office is required by both the state constitution and statute to be involved in the

initiative process. The goal of this chapter is to provide an overview of the initiative process

and guidance on drafting review and comment memos, conducting review and comment

hearings, and preparing draft titles for the title board. Additional materials and examples can

be found in Appendix G.

11.1.1 The Constitutional Requirements

Under article V, section 1 (1) of the Colorado Constitution, the legislative power of the state

is vested in the Colorado General Assembly. However, "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...." (Emphasis added). The power

reserved by the people to propose laws is called the power of the initiative. Under the

constitution, any person who follows the procedural steps outlined in the constitution and

the statutes may propose an initiative. An initiative may amend either the constitution or the

statutes.

To be placed on the ballot, a petition for an initiative, whether amending the constitution or

the statutes, must be signed by registered electors in an amount equal to at least five percent

of the total number of votes cast for secretary of state at the previous general election.

Additionally, for an initiated constitutional amendment, the petition must be signed by

registered electors who reside in each state senate district in an amount equal to at least two

percent of the registered electors in the senate district. The governor's veto power does not

extend to an initiated measure.

The constitution requires that the original draft of the text of the proposed constitutional

amendment or initiated law must be submitted to the legislative research and drafting offices

of the Colorado General Assembly for review and comment. See Colo. Const. art. V, § 1 (5).

The Legislative Council accepts these on behalf of both offices. The two staff offices are

required to render their comments to the proponents of the measure at a meeting held two

weeks after the petition is filed, unless the measure is withdrawn. This meeting is open to the

public and is called a "review and comment" meeting or hearing. The constitution also

imposes a single-subject requirement upon an initiated measure that is similar to the single

subject requirement for bills, as discussed in Chapter 2 of this manual titled "Drafting a Bill."

11.1.2 Statutory Requirements and Legislative Rules

Article 40 of title 1, C.R.S., contains the statutory requirements governing the initiative and

referendum process. Staff members working on an initiative review and comment memo

should be familiar with sections 1-40-102, 1-40-104, 1-40-105, 1-40-105.5, 1-40-106,

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1-40-106.5, and 1-40-107, C.R.S. The Legislative Council has also adopted rules governing

initiatives filed for review and comment. Staff should also be familiar with these rules, which

are included in Appendix G.6 and are also available on the Legislative Council website. In

addition, there is extensive Colorado case law on the initiative process. A summary of

relevant cases is included in Appendix G.5 of this manual.

11.1.2.1 Review and Comment Process

Section 1-40-105, C.R.S., outlines the statutory requirements for filing an initiative and the

review and comment process. Subsection (1) states that proponents are encouraged to write

drafts in "plain, nontechnical language and in a clear and coherent manner using words with

common and everyday meaning that are understandable to the average reader." Subsection

(1) also indicates that where appropriate, the staff comments shall "contain suggested

editorial changes to promote compliance with the plain language provisions" of the law.

While one of the purposes of the review and comment meeting is to assist the proponents in

refining the language, staff members need to remember that it is up to the proponents

whether or not they wish to make changes based on staff suggestions. The constitution states

that "[n]either 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..." See Colo. Const. art. V, § 1 (5).

Legislative Council Initiative Rule 11 allows a proponent to resubmit a corrected petition to

replace an original or amended petition that has an obvious and plain error, such as a

grammatical, punctuation, or spelling error. A corrected petition filed for an original petition

will have a review and comment meeting at the time and day that was scheduled for the

original petition. A corrected petition filed for an amended petition that the proponents have

not asked to be treated as an amended petition will have a review and comment meeting at

the time and day that was scheduled for the amended petition unless the directors of the

Office of Legislative Legal Services and the Legislative Council Staff determine that

legislative staff have no additional questions on the corrected petition. In both of these

situations, the corrected petition is treated as a substitute for what was filed. Corrected

petitions are not an option after a review and comment meeting has been held but before the

measure is filed with the secretary of state.

Sometimes a petition is filed as a corrected petition, but upon review, the staff determines

that it is an amended petition because it contains substantive changes. In that circumstance,

it is treated as a new submission, and a new review and comment meeting is scheduled two

weeks from the filing date. Sometimes the proponents file an amended petition to replace an

original or amended petition before the review and comment meeting set for the original or

earlier amended petition has occurred. In that circumstance, a new review and comment

meeting is scheduled two weeks from the filing of the most recently filed amended petition.

Because both designated representatives are required to attend all the review and comment

meetings on a measure, the only time the two offices will incorporate prior questions and

responses from a previous review and comment memorandum is if both designated

representatives are the same from one initiative to the next. If there are one or two new

proponents for a measure that has previously had a review and comment hearing, the two

offices will treat it as a new submitted measure and will prepare a full review and comment

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memo. See § 1-40-105 (1.5), C.R.S.

After the review and comment meeting, but before the measure is submitted to the secretary

of state, proponents may amend the petition in response to the comments. If any substantial

amendment is made to the petition, other than an amendment in direct response to the

comments, an amended petition must be resubmitted for another review and comment

meeting. Another review and comment meeting is scheduled two weeks after the date of

filing of the amended petition. If the directors of the Legislative Council Staff and the Office

of Legislative Legal Services determine that they have no additional comments on the

amended petition, the directors must inform the proponents in writing as soon as

practicable, but no later than 72 hours after the amended petition is filed. See § 1-40-105 (2),

C.R.S., and Legislative Council Initiative Rule 12.

11.1.2.1 Title Board Process

After the review and comment meeting stage is concluded, the proponents must submit their

final draft text to the office of the secretary of state for referral to the title board for a public

hearing. The title board consists of the secretary of state, the attorney general, and the

director of the Office of Legislative Legal Services or their designees. The secretary of state

convenes the title board on the first and third Wednesdays of each month to "designate and

fix a proper fair title" for each proposed law or constitutional amendment. See § 1-40-106

(1), C.R.S. The Office staff member prepares a draft title and submission clause for the title

board to consider.

When the title board conducts a public hearing to set or fix the title, the board first

determines whether the measure has a single subject. If the board determines that the

measure has a single subject, the board will fix a title for the measure. If the board

determines that the measure does not have a single subject, the board will not fix a title for

the measure. The board also must consider whether the proposed ballot title and question

would cause public confusion about whether the voter is voting for or against the measure.

See § 1-40-106 (3)(b), C.R.S.

The ballot question consists of the title set by the board, which is written in the form of a

question that can be answered yes/for (to vote in favor of the proposed law or constitutional

amendment) or no/against (to vote against the proposed law or constitutional amendment).

11.2 INITIATIVE PROCESS

11.2.1 Drafting a Review and Comment Memo

As soon as an initiative is filed, the Legislative Council Staff schedules a meeting for the

initiative on a date two weeks after the petition is filed. Under the rules, the two-week time

period is mandatory, even if compliance with the two-week time period will cause the

proponents to miss the last title board meeting in April for setting titles for the upcoming

election. The measure will be assigned to both an attorney from the Office and a staff

member from the Legislative Council Staff. Both staff members are jointly responsible for

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preparing the review and comment memo. The Office staff member should consult with the

Legislative Council Staff prior to drafting the memo and ask the staff person to review the

draft for suggestions or comments.

The Office staff member should create the review and comment memo using the form from

the MS Word Templates folder that is available on his or her desktop, and save the

document at S:\\PUBLIC\Ballot\(year) Rev & Comment Memos. The memo must be

edited by a legislative editor and reviewed by a designated senior member of the Office prior

to distribution to the proponents. Prior to the review and comment meeting, the review and

comment memo is confidential and cannot be released to anyone other than the proponents.

The purpose of the review and comment process is to provide comments intended to aid the

proponents in determining the language of the proposal and to avail the public of the

contents of the proposal. The memo contains standard introductory paragraphs about the

review and comment process, a description of the purposes of the proposed measure,

substantive comments and questions, and technical comments.

In addition to the standard introductory language, there are several alternative introductory

paragraphs included in the review and comment memo template that address whether there

are other related initiatives being discussed at the same meeting or that were previously

discussed at a meeting. A separate memo should be prepared for each initiative, instead of

combining related initiatives into a single memo.

The purposes section should describe and summarize in plain, objective language the major

purposes of the measure. Do not include arguments for or against the measure. The purposes

section is an opportunity to make sure that the staff offices and the public understand the big

picture of the initiative. In stating the major purposes, the staff is encouraged to paraphrase

the language from the initiative and to use the staff's own words in describing the most

important elements of the proposed initiative. This will help foster a better understanding of

the proponents' intentions while potentially exposing any misunderstandings based on

differences in interpretation.

The next portion of the memo contains substantive questions in which the staff points out

policy issues, raises questions about how the language in the measure might be interpreted,

offers suggestions for writing the measure in plain English, and makes suggestions regarding

how to clarify ambiguous portions of the measure. While each measure generates its own

unique set of questions, common issues to raise are issues of interpretation of language, the

need for definitions, whether the measure might be inconsistent with or in conflict with other

statutes or constitutional provisions, and what is the single subject of the measure. A few

frequently used questions are included in the review and comment memo template, and the

Office staff member should keep or delete the questions as appropriate. Any foundation or

background information for the comment or question should be set forth before the actual

question is asked.

Keep in mind that open-ended questions promote active discussion of the measure,

compared to those that merely elicit a yes or no answer, although the latter type of question

may be useful for clearly establishing a proponent's intent. Staff should avoid being too

legalistic or using legislative jargon that would be unfamiliar to the proponents or the public.

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The following are examples of how a question may be framed:

! "When is the tax levied? Would the proponents consider clarifying this point?"

! "Do you intend to require the department to send the notice to all homeowners?"

! "Are candidates for federal office included in the proposed initiative?"

! "Why do you exclude 'social media' from the definition of 'mass market advertising'?"

Substantively, the staff member should also consider whether the measure is affected by or

could be subject to the provisions of article X, section 20 of the Colorado Constitution, i.e.,

"TABOR." For example, the staff member should consider whether anything in the measure

would have the effect of increasing or decreasing revenues to the state. If so, questions

should be raised about how the measure is affected by TABOR or whether the proponents

intend for the measure to be subject to or exempt from TABOR limitations on revenue. The

staff member may need to consult with others in the Office regarding TABOR implications.

The final portion of the memo is headed "Technical Comments." Technical comments

include such things as the lack of or errors in amending clauses for the measure, the use of

small caps and to indicate changes in the law, issues of grammar, uniform numbering, or

placement of the measure in the constitution or the statutes. Some frequently used

comments are included in the review and comment memo template, and the Office staff

member should keep or delete the questions as appropriate. The technical comments will be

read aloud at the public meeting only if the proponents request so.

See Appendix G.8 for "Initiatives - Standard Language for Review and Comment Memos",

which includes examples of substantive questions and technical comments to consider,

technical comments that are unnecessary, and questions to ask when an initiative is only an

idea with no legal effect, e.g., a statement that "Peace is possible."

After the memo has been reviewed and finalized internally, the memo is then made

available to the Legislative Council Staff to distribute to the proponents. A review and

comment memo must be sent to the proponents as soon as possible but no later than 48

hours before the meeting date. Legislative staff need to allow sufficient time to prepare and

finalize a review and comment memo, including time for review by a designated senior

member of the Office, to comply with this 48 hour deadline.

See Appendix G of this manual for the top twelve things to avoid in initiative review and

comment memos, an example of an initiative and a review and comment memo, standard

language for review and comment memos, and the Legislative Council Initiative Rules.

11.2.2 Conducting a Review and Comment Meeting

The Office staff member and Legislative Council Staff member assigned to prepare the

memo are also responsible for conducting the review and comment meeting with the

designated representatives of the proponents. This meeting is broadcast live and audio

recorded. Certain things should be stated for the record at the outset: That this is a meeting

on initiative number ___ on ___ topic for the purpose of providing review and comments to

the proponents; the name of each staff member representing the offices; and the names of the

proponents at the table. It should be stated that the meeting is being recorded and that the

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purpose of the meeting is to provide comments and questions to the proponents to assist the

proponents in refining the language of the measure and to aid the public in understanding

the intent of the measure.

Section 1-40-105 (1.5), C.R.S., requires both designated representatives to appear at any

review and comment meeting. This requirement does not mean that the representatives

cannot be represented by counsel at the meeting, nor does it require that they actively

participate in the meeting. If both designated representatives do not attend the meeting, the

measure is considered withdrawn by the proponents. If only one of the two representatives

attends the meeting, the petition is deemed to be automatically resubmitted unless the

designated representative who is present objects to the automatic resubmission. No later

than five business days after the resubmission, staff is required to conduct the review and

comment meeting. If both designated representatives fail to attend the meeting or if the

designated representative who is present objects to the automatic resubmission, the

proponents will have to restart the process by filing a new initiative.

After the preliminary comments are made, the staff reads the numbered purposes. The staff

should give the proponents an opportunity to comment as to whether the purposes, as set

forth in the memo, are a fair statement of the purposes or intent of the measure.

After the purposes have been discussed, the staff reads the numbered questions and

comments, one by one, into the record and allows the proponents to respond to the

questions or comments at the end of each one. The proponents may choose to respond or

not respond to the questions. Proponents may submit written responses to the questions.

These written responses should be added to the written record of the meeting. While the staff

should try to answer questions that a proponent might raise in response to a question in the

memo, the staff should avoid writing the measure for the proponents. It is often helpful to

refer proponents to standard language. If a question in a series has been skipped by the

proponent, the staff should repeat the question to elicit a response. Sometimes it is helpful to

ask an unscripted follow-up question in order to clarify a proponent's previous response.

If the review and comment hearing includes multiple initiatives at the same meeting, the

staff should create a record of the number of initiatives involving similar subjects and

differentiate between the different initiatives. After the hearing for the first submission in a

series of submissions, the general introduction can be skipped and the hearing may focus on

the particular initiative being discussed and the differences between the initiative proposal

and ones that have already been discussed. Also, the staff member may be able to point out

technical comments without reading them aloud and then give the proponents the

opportunity to ask questions about the comments.

At the conclusion of the meeting, the staff should ask the proponents if they have anything

further they would like to add. While the meeting is open to the public, testimony from the

public is not taken.

The role of the staff in presenting questions and conducting a meeting is to provide

comments and questions about the measure, not to draft or redraft the initiative for the

proponents. The staff needs to avoid making positive or negative comments about the

measure, appearing to have an opinion about the merits or deficiencies of the proposal, or

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influencing the measure in any way.

After the meeting, the proponents may submit the measure without changes to the secretary

of state's office or they may make non-substantive revisions to the measure in response to the

comments and submit the amended measure to the secretary of state's office. Often,

proponents will revise the measure and resubmit it for a second or subsequent review and

comment meeting. Staff should start with the appropriate language from the review and

comment memo template, revise the memo accordingly, and avoid repeating questions that

have previously been asked and answered. As demonstrated in the review and comment

memo template, the memo should indicate the earlier versions by number and date of

previous meetings; state that the comments and questions are limited so as not to duplicate

earlier comments and questions unless necessary to fully address the issues in the revised

measure; and state that the comments and questions that have not been addressed by

changes in the proposal continue to be relevant and are incorporated by reference in the

memo.

11.2.3 Drafting the Titles for the Title Board

Once the proponents have submitted final language to the secretary of state's office, the

measure will be scheduled for a hearing with the title board to fix the title and the ballot title

and submission clause for the ballot. The staff member from the Office of Legislative Legal

Services that is assigned to the initiative is responsible for preparing a staff draft title for the

measure and a staff draft ballot question that mirrors the title. Article V, section 1 (5.5) of the

Colorado Constitution requires that every law proposed by initiative must be limited to a

single subject clearly expressed in the title.

Section 1-40-106.5, C.R.S., states the intent of the General Assembly that the title board, in

setting titles, should apply judicial decisions construing the constitutional single-subject

requirement for bills and should follow the same rules employed by the General Assembly in

considering titles for bills. The drafter should be familiar with the cases construing initiative

titles and the initiative process. A summary of the relevant case law on initiatives and an

article on the single subject requirements for initiatives are contained in Appendix G.5 of

this manual. In general, the ballot title and submission clause must have a single subject that

is clearly expressed, should avoid the use of catch phrases or words that could form the basis

of a slogan for or against the measure, include the central features of the measure, and

should not be misleading. If the board has previously set a title for a similar initiative, use

the title that the board set for the prior initiative as the base for the staff draft and modify as

necessary.

When drafting a title for an initiative for the board, the staff should consider the following:

1. Does the title have a single subject that is clearly expressed?

2. Do the title and the ballot question match?

3. Is the ballot question understandable by the voters?

4. Can the ballot question be answered with a yes or no?

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5. Is the effect of a "yes" vote clear?

6. Is the title misleading?

7. Does the title use catch phrases, advertisements, or slogans for the measure?

The staff should also review the Prioritized Checklist for Drafting Titles and Ballot Title and

Submission Clauses for Proposed Initiatives in Appendix G.7.

The submission clause, i.e., the ballot questions, contains the same language as the title with

the addition of the phrase "SHALL THERE BE" at the beginning and the substitution of a

question mark for a period at the end of the clause. This clause must be written so that the

voter can answer the ballot question with either a yes/for or no/against. Section 1-40-106

(3)(c), C.R.S., requires the ballot title to specify whether there is a "change to the Colorado

Revised Statutes" or an "amendment to the Colorado constitution".

Titles for a TABOR tax increase measure are required to have a title that states "Shall

(district) taxes be increased (first, or if phased in, final, full fiscal year dollar increase)

annually?" and titles for a TABOR debt increase measure are required to have a title that

states "Shall (district) debt be increased (principal amount), with a repayment cost of

(maximum total district cost)?". The amount of the increase can be left blank in the staff

draft, and the board will add the amount specified in the fiscal impact statement prepared

and submitted by Legislative Council Staff pursuant to section 1-40-105.5 to the final ballot

title.

See Appendix G.3 of this manual for an example of a draft title and ballot question prepared

for the board for and a prioritized checklist for drafting titles and ballot title and submission

clauses for proposed initiatives. The staff draft must be sent in electronic form to the

secretary of state's office by noon on the Friday prior to the board meeting at which a

measure will be considered. The secretary of state's office will then prepare a new document

with line numbers for the board meeting.

11.2.4 Title Board Meetings

The board will first determine if the measure has a single subject. If it does, the board will

proceed to fix the title. The board will ask for comments from the proponents, who may

suggest wording changes to the prepared title. A majority of the board (two of three) must

agree to adopt the title and any amendments to the staff draft. If only two members are

present on the board, both members must agree. After the comments have been received and

any changes have been made, the title will be "fixed" by one of the board members either

reading the entire text of the measure out loud, including the punctuation, or reading those

portions of the staff draft that have been amended and noting those changes for the record.

This meeting is also recorded.

11.2.5 Initial Fiscal Impact Statements and Abstracts

For each initiative that is submitted for review and comment and submitted to the board,

Legislative Council Staff is required to prepare an initial fiscal impact statement. An abstract

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of this statement will be included in petition sections that proponents use to gather

signatures. This information is due at the time of the board meeting, but the board does not

conduct a hearing on the impact statement. The Office staff person who worked on the

initiative does not have a formal role in preparing the fiscal impact statement, but should

assist Legislative Council Staff as necessary. See § 1-40-105.5, C.R.S.

11.2.6 Motions for Rehearing

Any proponent or any registered elector who is not satisfied with a decision of the board

regarding the single subject, is not satisfied with the title and submission clause set by the

board, or claims that the title and submission clause are unfair or do not fairly express the

true meaning and intent of the proposed state law or constitutional amendment may file a

motion for rehearing with the secretary of state. The motion for rehearing must be filed

within seven days after the board decision or the title and submission clause are set. The

board will set the motion for rehearing at the next scheduled meeting of the title board or, if

the title was set at the last meeting in April, within 48 hours, after expiration of the

seven-day period for filing the motion.

If the board denies the motion for rehearing or if a person is aggrieved by the board's

granting of the motion, the aggrieved person may file specified materials with the clerk of the

supreme court within five days. The matter is required to be placed at the head of the court's

docket. If the court reverses the action of the board, it will remand the matter with

instructions to the title board pointing out where the title board is in error. The requirements

for rehearing are contained in section 1-40-107, C.R.S.

11.2.7 Electronic Queuing

There is an electronic queueing system for initiatives in the Initiative/Referendum database.

This system allows OLLS staff members to more easily stay abreast of where initiatives are

in the process of drafting and transmitting review and comment memos and draft ballot

titles. The system is patterned after the CLICS queue for bill drafts and is for internal use

only.

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CHAPTER 12: GUIDELINES FOR DRAFTING

UNIFORM ACTS

12.1 BACKGROUND

The Uniform Law Commission (ULC) (formerly known as the National Conference of

Commissioners on Uniform State Laws) is a nonprofit, unincorporated association,

comprised of members from each state, that encourages the uniformity of state laws.

Commissioners meet each year at a national conference to examine the laws of states to

determine which areas of law should be uniform. The commissioners draft, discuss,

consider, and amend uniform act drafts and work toward the enactment of the uniform acts

in their home states. For membership and creation of the Colorado Commission on Uniform

State Laws (CCUSL), which sends its members to the national conference, see section

2-3-601 et seq., C.R.S. and http://leg.colorado.gov/content/ccusl-additional-information.

The ULC intends, for the most part, that the uniform acts be followed exactly, and they urge

state legislatures to adopt the uniform acts exactly as written in order to promote uniformity

in laws among the states. However, the uniform acts are usually written in ways that are

inconsistent with C.R.S. format and the Office's procedures and practices, and questions

often arise about when it is appropriate to change something in a uniform act. This chapter

serves as a guideline for drafting and editing uniform acts.

Drafters and editors should note that this chapter does not cover every situation or question

that may arise when drafting uniform acts. If a drafter or editor is unsure about a change or

questions arise that are not addressed in this chapter, the drafter or editor should see the

revisor of statutes, the publications coordinator, or the secretary of the CCUSL, who is an

Office of Legislative Legal Services staff member.

12.2 LANGUAGE IN UNIFORM ACTS

12.2.1 Final Versions of the Uniform Acts

Because the ULC makes changes over time to the uniform acts as the acts go through their

drafting process, the drafter should ensure that he or she has the final version of the uniform

act. The ULC does not typically finalize an act until September or October of the year in

which it was adopted.

12.2.2 Language in the Uniform Act Should Generally Not be Changed

! Keep changes to a minimum.

! Do not make preference changes except as specified in this Chapter 12.

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! Make changes only if it's necessary to conform to other Colorado law or to

circumstances unique to Colorado or if directed to do so by the sponsor or by

amendment.

! Make changes if it appears a genuine technical mistake in drafting was made.

This might include, for example, a word was left out, a word should have

been taken out but was left in (such as an extra "; and" in a list of paragraphs

or subparagraphs), the wrong word was used ("in" should be "on"), a wrong

internal reference, or incorrect dates or dates that need to change due to

timing issues. Consider contacting the ULC to confirm a hunch.

! If substantial Colorado-specific changes are made, during publications add an

editor's note summarizing the change. For an example, see the editor's note

for section 4-9-102, C.R.S.:

(2) Colorado legislative change: Colorado substituted the phrase "Oil, gas,

minerals, or other substances of value that may be extracted from the earth" for the phrase

"Oil, gas, or other minerals" in subsection (a)(6) and added subsection (a)(8.5). Colorado

added clause (ii) in subsection (a)(11), added subsection (a)(22.5), added the phrase "except

as used in section 4-9-310 (c)," in subsection (a)(60), and added the phrase "except as used

in section 4-9-609 (b)," in subsection (a)(64). Colorado reserved three definitional

subsections, (a)(65) through (a)(67); all subsequent definitions are numbered

correspondingly different from the uniform act. Colorado did not adopt the definition of a

"public finance transaction".

12.2.3 Language Should Not be Changed Just to Conform to Standard

Office Practices

For example, leave the following language as is:

Short title. This part 2 may be cited as the "Uniform . . ." (rather than "The short

title of this part 2 is the "Uniform. . .")

Definitions. In this part 2: . . . . (rather than "As used in this part 2, unless the

context otherwise requires:")

12.3 FORMAT AND TECHNICAL CHANGES IN UNIFORM ACTS

12.3.1 Numbering

Uniform acts are numbered and lettered differently than the C.R.S. numbering and lettering

system. For example, uniform acts are usually numbered and lettered in the following

manner:

! Sections are either 1, 2, 3, etc., or 101, 102, 103, etc.

! Subsections are small letters: (a), (b), (c), etc.

! Paragraphs are numerals: (1), (2), (3), etc.

! Subparagraphs are capital letters: (A), (B), (C), etc.

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! Sub-subparagraphs are little roman numerals: (i), (ii), (iii), etc.

For all uniform acts, if a new article, part, or section is being added, use the C.R.S.

numbering system for correct placement in the C.R.S.

For subsections, paragraphs, subparagraphs, and sub-subparagraphs, it is generally all right

to change the ULC's numbering and lettering system to conform to the C.R.S. numbering

and lettering system.

However, there may be instances when it is not appropriate to change the numbering and

lettering for subsections, paragraphs, subparagraphs, and sub-subparagraphs to conform to

the C.R.S. system. If there is a need to ensure that language and numbering of the uniform

act will be substantially the same from state to state in order to avoid confusion between the

states, the drafter should not change the numbering and lettering to conform to C.R.S.

format. For example, in the "Uniform Commercial Code", title 4, C.R.S., the numbering

and lettering is the same as the ULC's system because the "Uniform Commercial Code" has

been adopted in almost every state and all states would expect to find the numbering and

lettering to be the same for the people who use the code.

If there is doubt about whether to conform uniform acts to the C.R.S. system, the drafter

should consult with the secretary of CCUSL or the sponsor, who will typically be a legislator

serving on the CCUSL.

12.3.2 Punctuation

Generally, the drafter should change the ULC's punctuation system to conform to the

C.R.S. punctuation system, particularly for punctuation at the end of introductory portions

or paragraphs.

For example, the drafter should:

! Add serial commas;

! Add colons to introductory portions;

! If appropriate, change punctuation at the end of paragraphs, subparagraphs,

etc., in a list following an introductory portion; and

! Add commas around prepositional phrases.

However, be very conservative when making changes to punctuation within the

language of the uniform act because the ULC may have intended the uniform act to be

drafted in a certain way. Changing punctuation may lead to a different interpretation of the

meaning of a provision. Also, there may be indications in the official comments for the

uniform act that punctuation was used in a certain way so that the provision could be

interpreted a certain way.

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12.3.3 Headings and Headnotes

Draft part and article headings and headnotes in standard Office format. Change semicolons

to dashes.

12.3.4 Internal References and Names of Acts

Use the Office's standard practices for writing internal references to state and federal law and

the short titles of acts. For example, assuming the numbering system was changed to C.R.S.

numbering and lettering:

! "this part 2" or "this article 2", instead of "this uniform act" or "this act"

! "section 23-16-206 (2)", instead of "section 106 (b)"

! "section 15-5-813 (3)(b) or (3)(c)", instead of "section 113 (c)(2) or (3)"

! "subsection (1)(g) of this section", instead of "paragraph (7)"

! "subsection (2) of this section", instead of "subsection (b)"

! "subsections (3) to (9)" instead of "subsections (c) through (i)"

! "Uniform Athlete Agents Act", instead of Uniform Athlete Agents Act

! "section 102 of the "Electronic Signatures in Global and National Commerce

Act", Pub.L. 106-229, 114 Stat. 464 (2000), as amended," or ""Electronic

Signatures in Global and National Commerce Act"", 15 U.S.C. sec. 7001 et

seq., as amended," instead of "Section 102 of the Electronic Signatures in

Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464

(2000)"

12.3.5 Definitions

Definitions sections should be in alphabetical order, even if the ULC did not put them in

alphabetical order.

12.3.6 Spelling

Correct misspellings, including deleting or adding hyphens. If the Office has a preferred way

of spelling a word, use the preferred spelling.

12.3.7 Capitalization

Initial cap the first word following a subsection letter, paragraph number, etc. Use standard

Office practices for capitalization of words.

12.3.8 Writing Numbers as Words

Write numbers as words instead of digits in accordance with standard office practices.

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12.3.9 Gender-neutral Language

Change language in the uniform act to make it gender-neutral.

12.3.10 Which v. That

Do not change "which" and "that".

12.4 SPONSORSHIP AND SUMMARY IN UNIFORM ACT BILLS

If a uniform act has not been recommended by the CCUSL, use the regular sponsor and

summary formats for the bill.

12.4.1 Sponsorship of Uniform Act Bills

If a uniform act has been recommended by the CCUSL:

! If sponsorship of the uniform act has not been assigned:

! Change "HOUSE BILL" or "SENATE BILL" to "COMMITTEE BILL",

just above the sponsorship box line on the right-hand side of the bill.

! "Colorado Commission on Uniform State Laws" should be centered, initial

capped, and bolded at the top of the sponsorship box.

! One or more legislators, whether or not a member of the CCUSL, will be assigned as

sponsors of the uniform act bills. When sponsorship of the uniform act bill has been

assigned, use the regular sponsorship format for bills that started as committee bills.

12.4.2 Summary of Uniform Act Bills

If a uniform act has been recommended by the CCUSL:

! Add to the beginning of the summary "Colorado Commission on Uniform State

Laws."

! In the first paragraph of the summary, add language that the ULC used to summarize

the act, or a summary of that summary. For example:

! The bill enacts the [Name of the Uniform Act], drafted by the Uniform Law

Commission.

! The bill makes changes to the [Name of the Uniform Act], as drafted by the

Uniform Law Commission.

! The bill replaces [Name of Uniform Act] with [Name of Uniform Act],

drafted by the Uniform Law Commission.

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12.5 OFFICIAL COMMENTS FOR NEW UNIFORM ACTS

12.5.1 Publishing the Official Comments in the C.R.S.

Until 2017, the practice of the CCUSL and the Office was that, if a uniform law bill became

law, the Office would publish official comments to the uniform law as prepared by the ULC,

but only if the bill included either a statutory or nonstatutory requirement for the revisor of

statutes to do so. Beginning in 2018, on a prospective basis only, the Office began, as a

matter of course, publishing the URL to the ULC's website where the official ULC

comments appear in a cross reference after each particular C.R.S. section in the act that has

a ULC official comment.

12.5.2 Final Versions of the Official Comments

Because changes are made over time to the official comments of a uniform act by the ULC

as it goes through their drafting process, the drafter should ensure that he or she has the final

version of the official comments for publishing.

12.5.3 Notify Publications Coordinator

Notify the publications coordinator of each individual C.R.S. section that has an official

comment and provide the publications coordinator with the URL for official comments that

will need to be added to the statute books.

12.6 CONTACT INFORMATION FOR THE UNIFORM LAW

COMMISSION

The office of the ULC is located in Chicago, Illinois.

Phone: 312-450-6600

E-mail: info@uniformlaws.org

Website: http://www.uniformlaws.org

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APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS,

AND MEMORIALS

Notice about the Format of the Examples

Located in this Appendix:

The examples found in this appendix do not reflect the full format used for bills, resolutions, and

memorials. Therefore, the examples found in this appendix should be used as a guide for the substantive

portions of a bill.

Please be aware that the examples contained in this appendix are based on actual legislation introduced

in the Colorado General Assembly, but they are not exact replicas of previous legislation. Certain

elements of these sample bills have been changed to reflect current drafting practices. (Note: Depending

on details that are specific to the bill you are drafting, the text contained in the examples may need to be

modified in order to adequately address the issues of your bill.)

If you have a question about format inconsistencies or a question about whether example language needs

to be modified to fit your particular bill, please see a senior legislative editor or your team leader.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-1

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.1 Bill Amending Existing Law

A BILL FOR AN ACT

101 CONCERNING THE LOW-INCOME TELEPHONE ASSISTANCE PROGRAM.

Bill Summary

Legislative Audit Committee. The "Emergency Telephone

Access Act" (act) created the low-income telephone assistance program

(LITAP), pursuant to which basic local exchange service providers charge

a monthly fee, currently set by the public utilities commission

(commission) at $0.07, to their customers that is used to provide a

$6.50-per-month subsidy for basic local exchange telecommunications

service to certain low-income individuals certified by the department of

human services (DHS) as qualified to receive financial assistance

payments.

The bill makes a person eligible to receive low-income telephone

assistance if the person is:

! A legal resident of Colorado;

! A current or prospective subscriber to basic local exchange

service; and

! Certified by DHS to receive financial assistance payments

under at least one of 6 listed assistance programs.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. In Colorado Revised Statutes, 40-3.4-105, amend

3 (1); and repeal (3) as follows:

4 40-3.4-105. Low-income telephone assistance - eligibility.

5 (1) Individuals AN INDIVIDUAL IS eligible for low-income telephone

6 assistance shall be those persons who IF THE PERSON:

7 (a) Are IS certified by the department of human services as

8 qualified to receive financial assistance payments UNDER AT LEAST ONE

9 OF THE FOLLOWING PROGRAMS:

APPENDIX A

A-2 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 (I) AN OLD AGE PENSION AS SET FORTH IN SECTION 26-2-111 (2);

2 (II) AID TO THE NEEDY DISABLED AS SET FORTH IN SECTION

3 26-2-111 (4);

4 (III) AID TO THE BLIND AS SET FORTH IN SECTION 26-2-111 (5);

5 (IV) SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER THE

6 FEDERAL "SOCIAL SECURITY ACT", AS AMENDED, 42 U.S.C. SEC. 1601 ET

7 SEQ.;

8 (V) COLORADO WORKS ASSISTANCE AS SET FORTH IN SECTION

9 26-2-706; OR

10 (VI) LOW-INCOME HOME ENERGY ASSISTANCE BENEFITS UNDER

11 THE FEDERAL "ENERGY POLICY ACT OF 2005", AS AMENDED, 42 U.S.C.

12 SEC. 8621 ET SEQ.

13 (b) Are IS A current or prospective subscribers SUBSCRIBER to

14 basic local exchange service, as defined in section 40-15-102; AND

15 (c) Are citizens IS A CITIZEN or legal residents RESIDENT of the

16 United States and residents A RESIDENT of Colorado. and

17 (d) Have a monthly household gross income at or below one

18 hundred eighty-five percent of the federal poverty line.

19 (3) In providing low-income telephone assistance, the department

20 of human services shall give priority to households where one or more

21 persons are recipients of:

22 (a) An old age pension as set forth in section 26-2-111 (2), C.R.S.;

23 (b) Aid to the needy disabled as set forth in section 26-2-111 (4),

24 C.R.S.;

25 (c) Aid to the blind as set forth in section 26-2-111 (5), C.R.S.;

26 (d) Supplemental social security disability benefits under 42

27 U.S.C. sec. 1396 et seq.; or

28 (e) Colorado works assistance as set forth in sections 26-2-706

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-3

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1 and 26-2-707, C.R.S.

2 SECTION 2. Act subject to petition - effective date. This act

3 takes effect at 12:01 a.m. on the day following the expiration of the

4 ninety-day period after final adjournment of the general assembly (August

5 7, 2012, if adjournment sine die is on May 9, 2012); except that, if a

6 referendum petition is filed pursuant to section 1 (3) of article V of the

7 state constitution against this act or an item, section, or part of this act

8 within such period, then the act, item, section, or part will not take effect

9 unless approved by the people at the general election to be held in

10 November 2012 and, in such case, will take effect on the date of the

11 official declaration of the vote thereon by the governor.

APPENDIX A

A-4 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.2 Bill Adding New Material

A BILL FOR AN ACT

101 CONCERNING AN INFORMATIVE STATEMENT TO BE INCLUDED IN THE

102 BALLOT INFORMATION BOOKLET PRECEDING EACH MEASURE

103 THAT IS TO APPEAR ON THE BALLOT.

Bill Summary

The bill requires the ballot information booklet (blue book) or

other publication of initiated and referred measures to contain a statement

before each measure informing the voter that the title was drafted by

professional staff and is a summary for ballot purposes only. The

statement also informs voters that the text of a referred measure was

thoroughly debated by the general assembly and that the text of an

initiated measure was drafted by the initiative proponents. Finally, the

statement for referred measures informs voters that the measure is

included on the ballot because it has passed a majority vote of the state

senate and the state house of representatives, while the statement for

initiated measures states that the measure is included on the ballot

because the proponents have gathered the required amount of petition

signatures.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. In Colorado Revised Statutes, add 1-40-126.5 as

3 follows:

4 1-40-126.5. Explanation of ballot titles and actual text of

5 measures in notices provided by mailing or publication. (1) IN ANY

6 NOTICE TO ELECTORS PROVIDED BY THE DIRECTOR OF RESEARCH OF THE

7 LEGISLATIVE COUNCIL, WHETHER IN THE BALLOT INFORMATION BOOKLET

8 PREPARED PURSUANT TO SECTION 1-40-124.5 OR BY PUBLICATION

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-5

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1 PURSUANT TO SECTION 1-40-124, THERE SHALL BE INCLUDED THE

2 FOLLOWING EXPLANATION PRECEDING THE TITLE OF EACH MEASURE:

3 (a) FOR REFERRED MEASURES: "THE BALLOT TITLE BELOW IS A

4 SUMMARY DRAFTED BY THE PROFESSIONAL LEGAL STAFF FOR THE

5 GENERAL ASSEMBLY FOR BALLOT PURPOSES ONLY. THE BALLOT TITLE

6 WILL NOT APPEAR IN THE (COLORADO CONSTITUTION/COLORADO REVISED

7 STATUTES). THE TEXT OF THE MEASURE THAT WILL APPEAR IN THE

8 (COLORADO CONSTITUTION/COLORADO REVISED STATUTES) BELOW WAS

9 THOROUGHLY DEBATED BY THE GENERAL ASSEMBLY AND IS REFERRED TO

10 THE VOTERS BECAUSE IT PASSED BY A (TWO-THIRDS MAJORITY/MAJORITY)

11 VOTE OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES."

12 (b) FOR INITIATED MEASURES: "THE BALLOT TITLE BELOW IS A

13 SUMMARY DRAFTED BY THE PROFESSIONAL STAFF OF THE OFFICES OF THE

14 SECRETARY OF STATE, THE ATTORNEY GENERAL, AND THE LEGAL STAFF

15 FOR THE GENERAL ASSEMBLY FOR BALLOT PURPOSES ONLY. THE BALLOT

16 TITLE WILL NOT APPEAR IN THE (COLORADO CONSTITUTION/COLORADO

17 REVISED STATUTES). THE TEXT OF THE MEASURE THAT WILL APPEAR IN

18 THE (COLORADO CONSTITUTION/COLORADO REVISED STATUTES) BELOW

19 WAS DRAFTED BY THE PROPONENTS OF THE INITIATIVE. THE INITIATED

20 MEASURE IS INCLUDED ON THE BALLOT AS A PROPOSED CHANGE TO

21 CURRENT LAW BECAUSE THE PROPONENTS GATHERED THE REQUIRED

22 AMOUNT OF PETITION SIGNATURES."

23 SECTION 2. Safety clause. The general assembly hereby finds,

24 determines, and declares that this act is necessary for the immediate

25 preservation of the public peace, health, and safety.

APPENDIX A

A-6 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.3 Bill Repealing Existing Law

A BILL FOR AN ACT

101 CONCERNING THE ELIMINATION OF THE REQUIREMENT THAT CERTAIN

102 INSURERS FILE COLORADO-SPECIFIC FINANCIAL INFORMATION

103 WITH THE COMMISSIONER OF INSURANCE.

Bill Summary

All insurance companies doing business in this state must annually

file with the commissioner of insurance a statement under oath that

contains a variety of information relating to the companies' financial

solvency, including the substance of the information required by what is

known as the "convention blank form" adopted by the national

association of insurance commissioners (NAIC). The bill repeals the

requirement that property and casualty insurers separately also file

information contained in NAIC's schedule P of the convention blank

form.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. In Colorado Revised Statutes,10-3-208, repeal (8)

3 as follows:

4 10-3-208. Financial statements. (8) (a) As part of the financial

5 statement required in subsection (1) of this section, each property and

6 casualty insurer regulated under article 4 of this title shall submit to the

7 commissioner the information required in schedule P of the national

8 association of insurance commissioners (NAIC) annual statement filed

9 with the commissioner. The information shall be provided for Colorado

10 business only for the following lines of insurance and shall include all

11 information required to fully complete each column of each applicable

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-7

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 part of schedule P of the convention blank for the annual statement

2 adopted by the NAIC:

3 (I) Private passenger automobile total;

4 (II) Commercial automobile total;

5 (III) Homeowners multiple peril;

6 (IV) Farmowners multiple peril;

7 (V) Commercial multiple peril;

8 (VI) Medical malpractice; and

9 (VII) Other liability.

10 (b) For purposes of complying with the requirements of this

11 subsection (8), a property and casualty insurer shall not be required to

12 report information for calendar years commencing prior to January 1,

13 2002.

14 SECTION 2. Applicability. This act applies to annual financial

15 statements filed on or after the effective date of this act.

16 SECTION 3. Safety clause. The general assembly hereby finds,

17 determines, and declares that this act is necessary for the immediate

18 preservation of the public peace, health, and safety.

APPENDIX A

A-8 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.4 Bill Amending and Reorganizing Entire Titles,

Articles, or Parts and Repealing the Relocated

Provisions

A BILL FOR AN ACT

101 CONCERNING THE CREATION OF THE CREATIVE INDUSTRIES DIVISION

102 WITHIN THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT,

103 AND, IN CONNECTION THEREWITH, RECODIFYING THE

104 STATUTORY PROVISIONS THAT CREATE THE COLORADO OFFICE

105 OF FILM, TELEVISION, AND MEDIA, THE COUNCIL ON CREATIVE

106 INDUSTRIES, AND THE ART IN PUBLIC PLACES PROGRAM.

Bill Summary

[Drafting note: This bill reorganizes existing provisions of

statutory law for purposes of clarity. Section and subsection numbers

and paragraph letters have changed, but no substantive amendments

to the operative provisions have been made except where indicated

by capitalized or stricken type. Where section and subsection

numbers and paragraph letters have changed, the prior designations

are indicated by bold, bracketed type.]

Currently, the office of film, television, and media, the state

council on the arts, and the art in public places program are all established

within the Colorado office of economic development but are not placed

in the same location in statute. The bill creates a creative industries

division (division) within the Colorado office of economic development

and reorganizes the statutory provisions that create the office of film,

television, and media (office), the state council on the arts, and the art in

public places program (program) into a new part. The bill renames the

state council on the arts as the council on creative industries (council) and

authorizes the council to establish policies for the council, the office, and

the program. The bill specifies that the director of the council is the

director of the division.

In addition, the bill requires the director of the Colorado office of

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-9

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

economic development to make funding recommendations to the

governor and the general assembly for the operation of the council, the

program, and the office. The bill directs the general assembly to make

annual appropriations to the division, in such form as the general

assembly deems appropriate, for the operation of the council, the office,

and the program.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. In Colorado Revised Statutes, add with amended

3 and relocated provisions part 3 to article 48.5 of title 24 as follows:

4 PART 3

5 CREATIVE INDUSTRIES DIVISION

6 24-48.5-301. Creative industries division - funding

7 recommendations. (1) THERE IS HEREBY CREATED WITHIN THE

8 COLORADO OFFICE OF ECONOMIC DEVELOPMENT THE CREATIVE

9 INDUSTRIES DIVISION, REFERRED TO IN THIS PART 3 AS THE "DIVISION".

10 THE DIRECTOR OF THE DIVISION IS THE PERSON WHO IS APPOINTED

11 DIRECTOR OF THE COUNCIL ON CREATIVE INDUSTRIES BY THE DIRECTOR OF

12 THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT. THE DIVISION IS

13 COMPRISED OF THE OFFICE OF FILM, TELEVISION, AND MEDIA, THE COUNCIL

14 ON CREATIVE INDUSTRIES, AND THE ART IN PUBLIC PLACES PROGRAM, AND

15 THE DIRECTOR OF THE DIVISION SHALL OVERSEE SUCH OFFICE, COUNCIL,

16 AND PROGRAM.

17 (2) THE DIRECTOR OF THE COLORADO OFFICE OF ECONOMIC

18 DEVELOPMENT SHALL MAKE FUNDING RECOMMENDATIONS TO THE

19 GOVERNOR AND THE GENERAL ASSEMBLY FOR THE OPERATION OF THE

20 COUNCIL ON CREATIVE INDUSTRIES, THE ART IN PUBLIC PLACES PROGRAM,

21 AND THE OFFICE OF FILM, TELEVISION, AND MEDIA. THE GENERAL

22 ASSEMBLY SHALL MAKE ANNUAL APPROPRIATIONS TO THE DIVISION, IN

23 SUCH FORM AS THE GENERAL ASSEMBLY DEEMS APPROPRIATE, FOR THE

APPENDIX A

A-10 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 OPERATION OF THE COUNCIL, THE PROGRAM, AND THE OFFICE.

2 24-48.5-302. [Formerly 24-48.8-102] Council on creative

3 industries - legislative declaration. (1) The general assembly finds and

4 declares:

5 (a) That encouragement and support of the arts and humanities,

6 while primarily a matter for private and local initiative, is also an

7 appropriate matter of concern to the state government;

8 (b) That many of our citizens lack the opportunity to view, enjoy,

9 or participate in living theatrical performances, musical concerts, operas,

10 dance and ballet recitals, art exhibits, examples of fine architecture, and

11 the performing and visual arts generally;

12 (c) That, with increasing leisure time, the practice and enjoyment

13 of the arts and humanities are of increasing importance;

14 (d) That many of our citizens possess talents of an artistic and

15 creative nature which THAT cannot be utilized to their fullest extent under

16 existing conditions;

17 (e) That the general welfare of the people of the state will be

18 promoted by giving further recognition to the arts and humanities as a

19 vital part of our culture and heritage and as an important means of

20 expanding the scope of our community life;

21 (f) That it is desirable to establish a state council on the arts

22 CREATIVE INDUSTRIES and to provide such recognition and assistance as

23 will encourage and promote the state's artistic and cultural progress;

24 (g) That it is the policy of the state to cooperate with private

25 patrons, private and public institutions, and professional and

26 nonprofessional organizations concerned with the arts and humanities to

27 insure ENSURE that the role of the arts and humanities in the life of our

28 communities will continue to grow and to play an ever more significant

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-11

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 part in the welfare and educational experience of our citizens and to

2 establish the paramount position of this state in the nation and in the

3 world as a cultural center;

4 (h) That all activities undertaken by the state in carrying out the

5 policy set out in this section shall be directed toward encouraging and

6 assisting, rather than in any way limiting, the freedom of artistic

7 expression which THAT is essential for the well-being of the arts and

8 humanities.

9 24-48.5-303. [Formerly 24-48.8-103] Council on creative

10 industries - establishment of council - members - term of office - chair

11 - compensation. (1) (a) There is hereby established within the

12 department of higher education DIVISION a state council on the arts

13 CREATIVE INDUSTRIES, referred to. . .

14 [Note: The remainder of the substantive provisions of this bill have been

15 removed from this illustration.]

16 SECTION 7. Repeal of provisions being relocated in this act.

17 In Colorado Revised Statutes, repeal part 2 of article 48.5, article 48.8,

18 and article 80.5 of title 24.

19 SECTION 8. Repeal of provisions not being relocated in this

20 act. In Colorado Revised Statutes, repeal 24-48.8-101 and 24-48.8-105.

21 SECTION 9. Effective date. This act takes effect July 1, 2010.

22 SECTION 10. Safety clause. The general assembly hereby finds,

23 determines, and declares that this act is necessary for the immediate

24 preservation of the public peace, health, and safety.

APPENDIX A

A-12 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

The title must

include the

name of the

a g e n c y ,

division, or

b o a r d i n

a c c o r d a n c e

with 24-34-104

(7)(a)

A.5 Sunset Bill

A BILL FOR AN ACT

101 CONCERNING THE CONTINUATION OF THE REGULATION OF

102 NATUROPATHIC DOCTORS BY THE DIRECTOR OF THE DIVISION OF

103 PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF

104 REGULATORY AGENCIES, AND, IN CONNECTION THEREWITH,

105 IMPLEMENTING THE DEPARTMENT'S SUNSET REVIEW

106 RECOMMENDATIONS.

Bill Summary

Sunset Process - Senate ___ Committee. The bill implements the

recommendations of the department of regulatory agencies, as contained

in the department's sunset review of naturopathic doctors, as follows:

! Continues the regulation of naturopathic doctors by the

director of the division of professions and occupations for

5 years, until September 1, 2022 (Recommendation 1,

sections 1 and 2);

! Requires insurance carriers to report to the director any

malpractice judgments against or settlements entered into

by a naturopathic doctor (Recommendation 2, section 3);

[Note: The remainder of this bill summary has been removed from this

illustration.]

1 Be it enacted by the General Assembly of the State of Colorado:

2 Recommendation 1

3 SECTION 1. In Colorado Revised Statutes, 24-34-104, amend

4 (23)(a) introductory portion; repeal (13)(a)(V); and add (23)(a)(VIII) as

5 follows:

6 24-34-104. General assembly review of regulatory agencies

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-13

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

D o n o t

update the IP

to the canned

language for

t h o s e

su b sec tio ns

t h a t w i l l

automatically

repeal in 2

years.

Do update

the IP to the

c a n n e d

language for

t h o s e

subsections

t h a t w i l l

automatically

repeal more

than 2 years

out.

In the organic

s t a t u t e

containing the

repeal date, do

not update to

th e canned

language the

p r o v i s i o n s

d e s c r i b i n g

what will be

r e v i e w e d ,

u n l e s s

recommended

by the sunset

report.

Do update to

th e canned

language any

provisions not

d e s c r i b i n g

what will be

reviewed.

1 and functions for repeal, continuation, or reestablishment - legislative

2 declaration - repeal. (13) (a) The following agencies, functions, or both,

3 will repeal on September 1, 2017:

4 (V) The registering of naturopathic doctors by the director in

5 accordance with article 37.3 of title 12, C.R.S.

6 (23) (a) The following agencies, functions, or both, will ARE

7 SCHEDULED FOR repeal on September 1, 2022:

8 (VIII) THE REGISTRATION OF NATUROPATHIC DOCTORS BY THE

9 DIRECTOR IN ACCORDANCE WITH ARTICLE 37.3 OF TITLE 12.

10 SECTION 2. In Colorado Revised Statutes, 12-37.3-119, amend

11 (1) as follows:

12 12-37.3-119. Repeal of article. (1) This article ARTICLE 37.3 is

13 repealed, effective September 1, 2017. Prior to the SEPTEMBER 1, 2022.

14 BEFORE ITS repeal, the department of regulatory agencies shall review

15 registering of naturopathic doctors as provided in ACCORDANCE WITH

16 section 24-34-104. C.R.S.

17 Recommendation 2

18 SECTION 3. In Colorado Revised Statutes, add 10-1-125.5 as

19 follows:

20 10-1-125.5. Reporting of malpractice claims against

21 naturopathic doctors. EACH INSURANCE COMPANY LICENSED TO DO

22 BUSINESS IN THIS STATE AND ENGAGED IN WRITING MALPRACTICE

23 INSURANCE FOR NATUROPATHIC DOCTORS REGISTERED UNDER ARTICLE

24 37.3 OF TITLE 12 SHALL SEND TO THE DIRECTOR OF THE DIVISION OF

25 PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF REGULATORY

26 AGENCIES, IN THE FORM PRESCRIBED BY THE COMMISSIONER, INFORMATION

27 RELATING TO EACH MALPRACTICE CLAIM AGAINST A REGISTERED

28 NATUROPATHIC DOCTOR THAT IS SETTLED OR IN WHICH JUDGMENT IS

APPENDIX A

A-14 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 RENDERED AGAINST THE INSURED NATUROPATHIC DOCTOR.

2 THE INSURANCE COMPANY SHALL INCLUDE ANY INFORMATION THE

3 DIRECTOR DETERMINES NECESSARY TO ENABLE THE DIRECTOR TO CONDUCT

4 A FURTHER INVESTIGATION AND HEARING.

5 [Note: The remainder of the substantive provisions of this bill have been

6 removed from this illustration.]

7 SECTION 4. Act subject to petition - effective date. This act

8 takes effect at 12:01 a.m. on the day following the expiration of the

9 ninety-day period after final adjournment of the general assembly (August

10 9, 2017, if adjournment sine die is on May 10, 2017); except that, if a

11 referendum petition is filed pursuant to section 1 (3) of article V of the

12 state constitution against this act or an item, section, or part of this act

13 within such period, then the act, item, section, or part will not take effect

14 unless approved by the people at the general election to be held in

15 November 2018 and, in such case, will take effect on the date of the

16 official declaration of the vote thereon by the governor.

[Note: If the original sunset review/repeal date in section 24-34-104 and

the organic statute is July 1 or a date earlier than 90 days after the end

of a legislative session, the bill must contain a safety clause. If the bill

does not have a safety clause, the bill would take effect after the organic

statute has already repealed.]

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-15

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.6 Bill Containing a Nonstatutory Section

A BILL FOR AN ACT

101 CONCERNING THE EXEMPTION FROM LAWS REGULATING MORTGAGE

102 LOAN ORIGINATORS OF CERTAIN PERSONS PROVIDING SELLER

103 FINANCING FOR THE SALE OF A LIMITED NUMBER OF

104 RESIDENTIAL PROPERTIES.

Bill Summary

The bill exempts from the "Mortgage Loan Originator Licensing

and Mortgage Company Registration Act" a person, estate, or trust that

provides mortgage financing for the sale of no more than 3 residential

properties in any 12-month period to purchasers of such properties, each

of which is owned by the person, estate, or trust.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Legislative declaration. (1) The general assembly

3 hereby finds that:

4 (a) Colorado is currently experiencing a deep economic recession;

5 (b) The housing market is vital to any economic recovery in

6 Colorado;

7 (c) The recovery of housing markets in Colorado, much like other

8 states, are impeded by tight credit market conditions and the inability of

9 borrowers to receive the financing necessary to purchase real property and

10 thereby relieve the markets of excess inventory; and

11 (d) In order for excess inventory to be consumed, and thereby the

12 housing market to recover, real property in Colorado must have the ability

APPENDIX A

A-16 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 to be conveyed using all available means of financing.

2 SECTION 2. In Colorado Revised Statutes, 12-61-904, amend (1)

3 introductory portion and (1)(b) as follows:

4 12-61-904. Exemptions. (1) Except as otherwise provided in

5 section 12-61-911, this part 9 shall DOES not apply to the following:

6 (b) An individual who only offers or negotiates terms of a

7 residential mortgage loan secured by a dwelling that served as the

8 individual's residence WITH RESPECT TO A RESIDENTIAL MORTGAGE LOAN,

9 A PERSON, ESTATE, OR TRUST THAT PROVIDES MORTGAGE FINANCING FOR

10 THE SALE OF NO MORE THAN THREE PROPERTIES IN ANY TWELVE-MONTH

11 PERIOD TO PURCHASERS OF SUCH PROPERTIES, EACH OF WHICH IS OWNED

12 BY SUCH PERSON, ESTATE, OR TRUST AND SERVES AS SECURITY FOR THE

13 LOAN;

14 SECTION 3. Act subject to petition - effective date -

15 applicability. (1) This act takes effect at 12:01 a.m. on the day following

16 the expiration of the ninety-day period after final adjournment of the

17 general assembly (August 7, 2012, if adjournment sine die is on May 9,

18 2012); except that, if a referendum petition is filed pursuant to section 1

19 (3) of article V of the state constitution against this act or an item, section,

20 or part of this act within such period, then the act, item, section, or part

21 will not take effect unless approved by the people at the general election

22 to be held in November 2012 and, in such case, will take effect on the date

23 of the official declaration of the vote thereon by the governor.

24 (2) This act applies to acts occurring on or after the applicable

25 effective date of this act.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-17

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.7 Bill Amending a Territorial Charter

A BILL FOR AN ACT

101 CONCERNING THE TERRITORIAL CHARTER OF THE CITY OF BLACK

102 HAWK.

Bill Summary

The bill repeals and reenacts, with amendments, the territorial

charter for the city of Black Hawk, thereby providing for:

! The city boundaries;

! The form and composition of the city's government,

including a city council consisting of a mayor and board of

aldermen;

! The right of recall;

! Ordinance power;

! The time of elections and adoption of the municipal election

code;

! The authority and method for initiative and referendum;

! Appointments in the city administration, including city

manager, city attorney, and municipal judge;

! The specific powers and authority of the city; and

! The financial powers of the city.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Repeal and reenact, with amendments, the act

3 entitled "An Act to Incorporate the City of Black Hawk", approved March

4 11, 1864, as follows:

5 ARTICLE I

6 General Provisions

7 Section 1. Creation. ON MARCH 11, 1864, THE CITY OF BLACK

8 HAWK, GILPIN COUNTY, TERRITORY OF COLORADO, CONSISTING OF THE

APPENDIX A

A-18 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 INHABITANTS OF THE DESIGNATED CITY BOUNDARY, WAS CREATED BY THE

2 PASSAGE OF AN ACT BY THE COUNCIL AND HOUSE OF REPRESENTATIVES OF

3 COLORADO TERRITORY. THE CITY OF BLACK HAWK HAS FUNCTIONED AS

4 A TERRITORIAL CHARTER CITY SINCE 1864 PURSUANT TO SAID CHARTER, AS

5 SUBSEQUENTLY AMENDED BY THE COUNCIL AND HOUSE OF

6 REPRESENTATIVES OF COLORADO TERRITORY AND THE GENERAL

7 ASSEMBLY OF THE STATE OF COLORADO, AND AS PROVIDED BY SECTION

8 31-1-202, COLORADO REVISED STATUTES.

9 Section 2. Name, powers, and interpretation. THE CITY SHALL

10 CONTINUE AS A TERRITORIAL CHARTER CITY PURSUANT TO THE ORIGINAL

11 CHARTER ADOPTED IN 1864, AS AMENDED HEREIN, AS A BODY POLITIC AND

12 CORPORATE UNDER THE NAME AND STYLE OF BLACK HAWK AND, BY THAT

13 NAME, SHALL HAVE PERPETUAL SUCCESSION; MAY SUE AND BE SUED,

14 PLEAD AND BE IMPLEADED IN ALL COURTS OF LAW OR EQUITY; MAY HAVE

15 AND USE A COMMON SEAL AND ALTER THE SAME AT PLEASURE; MAY ADOPT

16 ORDINANCES NOT INCONSISTENT WITH THIS CHARTER; AND SHALL HAVE

17 THE RIGHT OF SELF-GOVERNMENT IN LOCAL AND MUNICIPAL MATTERS AND

18 ALL THE POWERS CONFERRED BY THE CONSTITUTION AND STATUTES OF THE

19 STATE OF COLORADO UPON MUNICIPAL CORPORATIONS, SUBJECT ONLY TO

20 THE SPECIFIC PROVISIONS OF THIS CHARTER WHICH MAY EXPAND, LIMIT, OR

21 AMEND THE POWERS GRANTED TO STATUTORY MUNICIPALITIES. IT IS THE

22 INTENT OF THE GENERAL ASSEMBLY TO LEGISLATIVELY OVERRULE

23 CENTRAL CITY OPERA HOUSE ASSOCIATION V. CITY OF CENTRAL, 650 P.2d

24 1349 (Colo. App. 1982) AS APPLIED TO THIS CHARTER, TO THE EXTENT

25 SUCH CASE OR PREVIOUS CASES CONSTRUING TERRITORIAL CHARTERS LIMIT

26 TERRITORIAL CHARTER CITIES TO POWERS EXPRESSLY GRANTED. THE

27 GENERAL ASSEMBLY INTENDS THAT THIS CHARTER SHALL BE BROADLY

28 CONSTRUED TO PROVIDE THE CITY OF BLACK HAWK, ACTING BY ITS

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-19

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 CITIZENS AND THROUGH ITS CITY COUNCIL, THE BROADEST RANGE OF

2 POWER GRANTED MUNICIPALITIES BY COLORADO LAW AND AS PROVIDED

3 IN THIS CHARTER. IF A POWER IS EXPRESSLY GRANTED OR GRANTED BY

4 IMPLICATION TO MUNICIPALITIES BY THE GENERAL ASSEMBLY AND THERE

5 IS NOT A CONFLICT BETWEEN THIS CHARTER AND SUCH STATUTE, THE CITY

6 MAY EXERCISE THE POWER AS PROVIDED IN THE STATUTE. IF THERE IS A

7 CONFLICT BETWEEN STATUTES GOVERNING MUNICIPALITIES GENERALLY

8 AND THIS CHARTER, THIS CHARTER SHALL CONTROL.

9 Section 3. Boundaries. THE BOUNDARIES OF THE CITY OF BLACK

10 HAWK SHALL BE THE EXISTING BOUNDARIES, AS SUCH BOUNDARIES MAY

11 BE AMENDED IN THE FUTURE IN ACCORDANCE WITH COLORADO LAW OR BY

12 AMENDMENT OF THIS CHARTER. THE EXISTING BOUNDARIES INCLUDE

13 THOSE BOUNDARIES DESCRIBED IN THE CHARTER ADOPTED MARCH 11,

14 1864, AND ALL ADDITIONS THERETO.

15 Section 4. Specific powers. THE INHABITANTS OF THE CITY OF

16 BLACK HAWK, BY THE NAME AND STYLE AFORESAID, SHALL HAVE THE

17 POWER TO SUE AND BE SUED, TO PLEAD AND BE IMPLEADED, AND TO

18 DEFEND AND BE DEFENDED IN ALL COURTS OF LAW AND EQUITY AND IN ALL

19 ACTIONS WHATSOEVER, TO ACQUIRE BY PURCHASE, GIFT, LEASE, OR

[Note: The remainder of this bill has been removed from this illustration.]

APPENDIX A

A-20 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.8 Bill Making a Supplemental Appropriation for the

Payment of a Judgment

A BILL FOR AN ACT

101 CONCERNING AN APPROPRIATION FOR THE SATISFACTION OF A

102 JUDGMENT AGAINST THE DEPARTMENT OF INSTITUTIONS IN THE

103 CASE OF FIEBIG V. THE DEPARTMENT OF INSTITUTIONS.

Bill Summary

The bill makes an appropriation for the payment of a judgment

against the department of institutions.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Appropriation. (1) In addition to any other

3 appropriation for the current fiscal year, there is hereby appropriated, to

4 the department of institutions, out of cash funds received from the

5 department of social services pursuant to subsection (2) of this section, the

6 sum of $50,391, or so much thereof as may be necessary, for the

7 satisfaction of a judgment in favor of Joseph Fiebig and against the

8 department of institutions, affirmed by the Colorado court of appeals in

9 case no. 86CB14817. Said amount includes $49,226 for the judgment and

10 $1,165 as interest thereon computed from the date of the judgment

11 through May 31, 1990.

12 (2) In addition to any other appropriation for the current fiscal

13 year, there is hereby appropriated, to the department of social services, the

14 sum of $50,391, or so much thereof as may be necessary, for the

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-21

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 additional costs of state-operated class IV nursing home care under the

2 medical assistance program arising from the judgment described in

3 subsection (1) of this section. Of said sum, $24,398 is from the general

4 fund, and $25,993 is from federal funds.

5 SECTION 2. Safety clause. The general assembly hereby finds,

6 determines, and declares that this act is necessary for the immediate

7 preservation of the public peace, health, and safety.

APPENDIX A

A-22 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.9 Bill Making a Supplemental Appropriation by

Amending a Prior Long Bill

A BILL FOR AN ACT

101 CONCERNING A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT

102 OF MILITARY AFFAIRS.

Bill Summary

The bill makes a supplemental appropriation to the department of

military affairs.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Appropriation to the department of military

3 affairs for the fiscal year beginning July 1, 1997. In Session Laws of

4 Colorado 1997, section 2 of chapter 310, (SB 97-215), amend Part XIII

5 as follows:

6 Section 2. Appropriation.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-23

APPROPRIATION FROM

ITEM &

SUBTOTAL

TOTAL GENERAL

FUND

GENERAL

FUND

EXEMPT

CASH

FUNDS

CASH

FUNDS

EXEMPT

FEDERAL

FUNDS

$ $ $ $ $ $ $

1 PART XIII

2 DEPARTMENT OF MILITARY AFFAIRS

4 (1) EXECUTIVE DIRECTOR AND ARMY NATIONAL GUARD

5 Personal Services 1,169,348 1,106,733 3,298

59,317

6 (25.7 FTE) (0.1 FTE) (1.5 FTE)

7 Health, Life, and Dental 168,288 61,659 106,629

8 Short-term Disability 6,778 2,722 4,056

9 Salary Survey and

10 Anniversary Increases 142,691 55,649 87,042

11 Workers' Compensation 88,484 56,611 31,873

12 Operating Expenses 792,742 461,514 6,580

324,648

13 Legal Services for 110 210

14 hours 5,280 5,280

APPENDIX A

A-24 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

APPROPRIATION FROM

ITEM &

SUBTOTAL

TOTAL GENERAL

FUND

GENERAL

FUND

EXEMPT

CASH

FUNDS

CASH

FUNDS

EXEMPT

FEDERAL

FUNDS

$ $ $ $ $ $ $

1 10,080 10,080

2 Purchase of Services from

3 Computer Center 1,304 1,304

4 Payment to Risk

5 Management and Property

6 Funds 172,988 172,988

7 Vehicle Lease Payments 49,848 49,848

8 Leased Space 31,314 31,314

9 Lease Purchase of Energy

10 Conservation Equipment 23,000 23,000

11 Utilities 711,491 560,695 6,235(T)

144,561

12 Purchase of Inmate Labor

13 Services from the

14 Department of Corrections 5,237 5,237

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-25

APPROPRIATION FROM

ITEM &

SUBTOTAL

TOTAL GENERAL

FUND

GENERAL

FUND

EXEMPT

CASH

FUNDS

CASH

FUNDS

EXEMPT

FEDERAL

FUNDS

$ $ $ $ $ $ $

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 Local Armory Incentive

2 Plan 23,527 23,527

3 Colorado National Guard

4 Tuition Fund 406,753 406,753

5 Army National Guard

6 Cooperative Agreement 1,056,935 1,056,935

7 (7.0 FTE)

8 4,856,008

9 4,860,808

These amounts shall be from fees, including armory rental fees.

This amount shall be from federal funds appropriated in the Department of Local Affairs, Office of Emergency Management.

14 (2) Air National Guard

APPENDIX A

A-26 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

APPROPRIATION FROM

ITEM &

SUBTOTAL

TOTAL GENERAL

FUND

GENERAL

FUND

EXEMPT

CASH

FUNDS

CASH

FUNDS

EXEMPT

FEDERAL

FUNDS

$ $ $ $ $ $ $

1 Operations and

2 Maintenance Agreement for

3 Buckley/Greeley 2,050,254 500,125(M) 1,550,129

4 (24.0 FTE)

5 Buckley Tenant

6 Reimbursed Employees 506,060 506,060

7 (14.0 FTE)

8 Security for Buckley Air

9 National Guard Base 485,385 485,385

10 (17.0 FTE)

11 3,041,699

13 (3) FEDERAL FUNDED PROGRAMS

130

14 Personal Services 78,026,284

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-27

APPROPRIATION FROM

ITEM &

SUBTOTAL

TOTAL GENERAL

FUND

GENERAL

FUND

EXEMPT

CASH

FUNDS

CASH

FUNDS

EXEMPT

FEDERAL

FUNDS

$ $ $ $ $ $ $

1 (1,103.0 FTE)

2 Operating and Maintenance 24,062,349

3 Construction 1,705,663

4 Supplies and Services 385,300

5 104,179,596 104,179,596

7 (4) CIVIL AIR PATROL

8 Personal Services 83,526

9 (2.0 FTE)

10 Operating Expenses 23,813

11 Aircraft Maintenance 35,400

12 142,739 142,739

14 TOTALS PART XIII

APPENDIX A

A-28 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

APPROPRIATION FROM

ITEM &

SUBTOTAL

TOTAL GENERAL

FUND

GENERAL

FUND

EXEMPT

CASH

FUNDS

CASH

FUNDS

EXEMPT

FEDERAL

FUNDS

$ $ $ $ $ $ $

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 (MILITARY AFFAIRS)

3, 4

$112,220,042 $3,644,171 $33,405 $6,235

$108,536,231

3 $112,224,842 $3,648,971

Of this amount, $6,235 contains a (T) notation.

7 FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.

9 2 (Governor lined through this provision. See L. 97, p. 2164.)

11 3 All Departments, Totals -- The General Assembly requests that copies of all reports requested in other footnotes contained in this act be delivered to the Joint

12 Budget Committee and the majority and minority leadership in each house of the General Assembly.

14 4 (Governor lined through this provision. See L. 97, p. 2165.)

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-29

APPROPRIATION FROM

ITEM &

SUBTOTAL

TOTAL GENERAL

FUND

GENERAL

FUND

EXEMPT

CASH

FUNDS

CASH

FUNDS

EXEMPT

FEDERAL

FUNDS

$ $ $ $ $ $ $

1 130 Department of Military Affairs, Federal Funded Programs -- These federal funds are shown for informational purposes. These funds are not to be included

2 in the spending authority for the Department because these funds do not flow through the accounting system of the state. It is the intent of the General

3 Assembly that these programs, funding, and FTE are included to demonstrate the full scope of activities of the Department of Military Affairs.

APPENDIX A

A-30 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

1 SECTION 2. Safety clause. The general assembly hereby finds,

2 determines, and declares that this act is necessary for the immediate

3 preservation of the public peace, health, and safety.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-31

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.10 Bill to Be Referred to the Voters at the next

General Election

A BILL FOR AN ACT

101 CONCERNING THE ESTABLISHMENT OF A BINDING PREFERENCE

102 PRESIDENTIAL PRIMARY ELECTION.

Bill Summary

The bill authorizes a binding preference presidential primary

election in Colorado. The bill establishes qualifications for candidates to

be placed on presidential primary election ballots. An elector is allowed

to vote only for a candidate who is affiliated with the same political party

as the elector. The secretary of state is required to assign binding vote

assignments to delegates to presidential conventions based on the

proportion of votes received by threshold candidates in the entire state

and each congressional district. The bill provides that such binding vote

assignments are only binding on the first vote to choose a presidential

candidate.

The bill refers the question of such a presidential primary election

to the electors of Colorado at the next general election.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. In Colorado Revised Statutes, add part 11 to article

3 4 of title 1 as follows:

4 PART 11

5 PRESIDENTIAL PRIMARY ELECTIONS

6 1-4-1101. Definitions. AS USED IN THIS PART 11, UNLESS THE

7 CONTEXT OTHERWISE REQUIRES:

8 (1) "PRESIDENTIAL PRIMARY ELECTION" MEANS A PRIMARY

9 ELECTION CONDUCTED PURSUANT TO SECTION 1-4-1102.

APPENDIX A

A-32 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 (2) "THRESHOLD CANDIDATE" MEANS, WITH RESPECT TO THIS

2 STATE AS A WHOLE OR ANY CONGRESSIONAL DISTRICT WITHIN THIS STATE,

3 A CANDIDATE IN A PRESIDENTIAL PRIMARY ELECTION WHO RECEIVES AT

4 LEAST FIFTEEN PERCENT OF THE VOTES CAST IN THIS ENTIRE STATE OR ANY

5 CONGRESSIONAL DISTRICT WITHIN THIS STATE FOR ALL CANDIDATES ON

6 THE PRESIDENTIAL PRIMARY ELECTION BALLOT WHO ARE OF THE SAME

7 POLITICAL PARTY AS THAT CANDIDATE.

8 1-4-1102. Presidential primary elections - when - conduct.

9 (1) A PRESIDENTIAL PRIMARY ELECTION SHALL BE HELD AT THE REGULAR

10 POLLING PLACES IN EACH PRECINCT ON THE FOURTH TUESDAY OF

11 FEBRUARY IN YEARS IN WHICH A UNITED STATES PRESIDENTIAL ELECTION

12 IS TO BE HELD FOR THE SELECTION OF DELEGATES TO NATIONAL POLITICAL

13 CONVENTIONS WHICH WILL SELECT PRESIDENTIAL CANDIDATES OF

14 POLITICAL PARTIES TO BE VOTED FOR AT THE SUCCEEDING GENERAL

15 ELECTION.

16 (2) EACH POLITICAL PARTY WHO IS REPRESENTED BY A CANDIDATE

17 ENTITLED TO PARTICIPATE IN THE COLORADO PRESIDENTIAL PRIMARY

18 ELECTION PURSUANT TO SECTION 1-4-1103 IS ENTITLED TO PARTICIPATE

19 IN THE PRIMARY ELECTION AND SHALL HAVE A SEPARATE PARTY BALLOT.

20 AT SUCH PRESIDENTIAL PRIMARY ELECTION, AN ELECTOR MAY ONLY VOTE

21 FOR A CANDIDATE WHO REPRESENTS THE POLITICAL PARTY TO WHICH THE

22 ELECTOR HAS DECLARED AN AFFILIATION. AN UNAFFILIATED REGISTERED

23 ELECTOR MAY DECLARE AN AFFILIATION TO THE ELECTION JUDGES OF THE

24 PRESIDENTIAL PRIMARY ELECTION AS PROVIDED IN SECTION 1-7-201. THE

25 PRESIDENTIAL PRIMARY ELECTION OF ALL POLITICAL PARTIES SHALL BE

26 HELD AT THE SAME TIME AND AT THE SAME POLLING PLACES AND SHALL

27 BE CONDUCTED BY THE SAME ELECTION OFFICIALS.

28 (3) EXCEPT AS OTHERWISE PROVIDED IN THIS PART 11, ALL

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-33

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 PRESIDENTIAL PRIMARY ELECTIONS SHALL BE CONDUCTED IN THE SAME

2 MANNER AS OTHER PRIMARY ELECTIONS AS PROVIDED IN PART 2 OF

3 ARTICLE 7 OF THIS TITLE 1 INSOFAR AS THE PROVISIONS THEREOF ARE

4 APPLICABLE, AND THE ELECTION OFFICERS FOR PRIMARY ELECTIONS SHALL

5 HAVE THE SAME POWERS AND SHALL PERFORM THE SAME DUTIES AS THOSE

6 PROVIDED BY LAW FOR GENERAL ELECTIONS.

7 (4) ALL EXPENSES INCURRED IN THE PREPARATION OR CONDUCT OF

8 THE PRESIDENTIAL PRIMARY ELECTION SHALL BE PAID OUT OF THE

9 TREASURY OF THE COUNTY OR STATE, AS THE CASE MAY BE, IN THE SAME

10 MANNER AS FOR GENERAL ELECTIONS.

11 1-4-1103. Names on ballots. (1) THE SECRETARY OF STATE SHALL

12 CERTIFY THE NAMES AND PARTY AFFILIATIONS OF THE CANDIDATES TO BE

13 PLACED ON THE PRESIDENTIAL PRIMARY ELECTION BALLOTS FIFTY-FIVE

14 DAYS BEFORE SUCH ELECTION IS TO BE HELD. THE ONLY CANDIDATES

15 WHOSE NAMES ARE PLACED ON BALLOTS FOR SUCH ELECTIONS ARE THOSE

16 CANDIDATES WHO:

17 (a) ARE ELIGIBLE TO RECEIVE PAYMENTS FROM THE FEDERAL

18 PRESIDENTIAL CAMPAIGN FUND PURSUANT TO 26 U.S.C. 9003 AT THE TIME

19 CANDIDATES' NAMES ARE TO BE CERTIFIED BY THE SECRETARY OF STATE

20 PURSUANT TO THIS SUBSECTION (1); AND

21 (b) ARE SEEKING THE NOMINATION FOR PRESIDENT OF A POLITICAL

22 PARTY WHOSE NOMINEE FOR PRESIDENT OF THE UNITED STATES RECEIVED

23 AT LEAST TWENTY PERCENT OF THE VOTES CAST BY QUALIFIED ELECTORS

24 IN COLORADO AT THE LAST PRESIDENTIAL ELECTION.

25 (2) THE NAMES OF CANDIDATES APPEARING ON ANY PRESIDENTIAL

26 PRIMARY BALLOT SHALL BE IN ALPHABETICAL ORDER.

27 1-4-1104. Binding of delegates. (1) ANY PERSON CHOSEN AS A

28 COLORADO DELEGATE TO A NATIONAL POLITICAL CONVENTION AT WHICH

APPENDIX A

A-34 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 A PRESIDENTIAL CANDIDATE WILL BE CHOSEN BY A POLITICAL PARTY

2 WHOSE CANDIDATE RECEIVED AT LEAST TWENTY PERCENT OF THE TOTAL

3 VOTES CAST IN COLORADO FOR PRESIDENTIAL CANDIDATES AT THE LAST

4 PRESIDENTIAL ELECTION HELD SHALL, WITHIN FIVE DAYS OF BEING

5 SELECTED AS A DELEGATE, NOTIFY THE SECRETARY OF STATE BY MAIL

6 THAT SUCH PERSON IS A DELEGATE AND SHALL INCLUDE THE MAILING

7 ADDRESS OF THAT PERSON, STATING IN SUCH NOTICE THE POLITICAL PARTY

8 WHICH HAS SELECTED SUCH PERSON AS A DELEGATE AND THE CANDIDATES

9 OF SUCH POLITICAL PARTY FOR WHICH SUCH PERSON WOULD PREFER TO

10 RECEIVE A BINDING VOTE ASSIGNMENT IN DESCENDING ORDER OF

11 PREFERENCE.

12 (2) THE SECRETARY OF STATE SHALL TABULATE THE NUMBER OF

13 VOTES RECEIVED BY EACH CANDIDATE NAMED ON THE PRESIDENTIAL

14 PRIMARY ELECTION BALLOTS, BOTH FOR THE ENTIRE STATE AND FOR EACH

15 CONGRESSIONAL DISTRICT.

16 (3) (a) THE SECRETARY OF STATE SHALL CALCULATE:

17 (I) THE RATIO OF VOTES RECEIVED WITHIN THE ENTIRE STATE BY

18 EACH CANDIDATE WHO IS A THRESHOLD CANDIDATE WITH RESPECT TO THIS

19 STATE AS A WHOLE AS A PERCENTAGE OF THE VOTES RECEIVED BY ALL

20 SUCH THRESHOLD CANDIDATES OF THE SAME POLITICAL PARTY; AND

21 (II) THE RATIO OF VOTES RECEIVED WITHIN EACH CONGRESSIONAL

22 DISTRICT OF THIS STATE BY EACH CANDIDATE WHO IS A THRESHOLD

23 CANDIDATE WITH RESPECT TO SUCH CONGRESSIONAL DISTRICT AS A

24 PERCENTAGE OF ALL VOTES RECEIVED WITHIN THAT CONGRESSIONAL

25 DISTRICT BY ALL SUCH THRESHOLD CANDIDATES OF THE SAME POLITICAL

26 PARTY.

27 (b) USING THE CALCULATIONS SPECIFIED IN SUBSECTION (3)(a) OF

28 THIS SECTION, THE SECRETARY OF STATE SHALL ASSIGN BINDING VOTE

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-35

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 ASSIGNMENTS TO EACH DELEGATE TO A NATIONAL POLITICAL CONVENTION

2 AT WHICH A PRESIDENTIAL CANDIDATE IS TO BE CHOSEN BY A POLITICAL

3 PARTY, AT LEAST ONE OF WHOSE CANDIDATES IS A THRESHOLD CANDIDATE

4 WITH RESPECT TO THIS STATE AS A WHOLE OR ANY CONGRESSIONAL

5 DISTRICT WITHIN THIS STATE. TO THE EXTENT MATHEMATICALLY

6 POSSIBLE, THE SECRETARY OF STATE SHALL MAKE SUCH BINDING VOTE

7 ASSIGNMENTS SO THAT, WITHIN THE ENTIRE STATE AND EACH

8 CONGRESSIONAL DISTRICT, DELEGATES ARE ASSIGNED TO CAST VOTES AT

9 SUCH CONVENTIONS FOR THRESHOLD CANDIDATES IN THE SAME

10 PROPORTIONS AS SUCH THRESHOLD CANDIDATES RECEIVED VOTES AS

11 COMPARED TO THE VOTES RECEIVED BY ALL CANDIDATES OF THE SAME

12 PARTY WHO ARE THRESHOLD CANDIDATES WITH RESPECT TO THE ENTIRE

13 STATE OR A PARTICULAR CONGRESSIONAL DISTRICT.

14 (4) THE SECRETARY OF STATE SHALL, TO THE EXTENT

15 PRACTICABLE, ASSIGN BINDING VOTE ASSIGNMENTS FOR CANDIDATES TO

16 DELEGATES ACCORDING TO THE CANDIDATE PREFERENCE LIST SUPPLIED TO

17 THE SECRETARY OF STATE BY EACH DELEGATE.

18 (5) THE SECRETARY OF STATE SHALL NOTIFY EACH DELEGATE OF

19 THAT DELEGATE'S BINDING VOTE ASSIGNMENTS BY MAIL AT LEAST SEVEN

20 DAYS BEFORE THE FIRST DAY OF THE CONVENTION FOR WHICH SUCH

21 DELEGATE HAS BEEN SELECTED TO ATTEND. AT SUCH CONVENTION, EACH

22 DELEGATE ASSIGNED A BINDING VOTE ASSIGNMENT MUST VOTE AS

23 DIRECTED ON SUCH BINDING VOTE ASSIGNMENT ONLY THE FIRST TIME

24 VOTES ARE CASE AT THE ELECTION WHICH WILL SERVE TO CHOOSE

25 OFFICIALLY THE PRESIDENTIAL CANDIDATE OF THAT DELEGATE'S

26 POLITICAL PARTY. ON SUBSEQUENT VOTES EACH DELEGATE MAY

27 DISREGARD THE BINDING VOTE ASSIGNMENT.

28 (6) DELEGATES MAY BE RELEASED FROM THEIR BINDING VOTE

APPENDIX A

A-36 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 ASSIGNMENTS FOR THE FIRST TIME VOTES ARE CAST AT THE ELECTION

2 WHICH WILL SERVE TO CHOOSE OFFICIALLY THE PRESIDENTIAL CANDIDATE

3 OF THE DELEGATE'S POLITICAL PARTY ONLY UPON RECEIVING NOTICE FROM

4 THE SECRETARY OF STATE STATING THAT THE SECRETARY OF STATE HAS

5 BEEN OFFICIALLY NOTIFIED BY THAT DELEGATE'S NATIONAL POLITICAL

6 PARTY THAT THE CANDIDATE TO WHICH THE DELEGATE IS ASSIGNED TO

7 VOTE HAS DIRECTED THAT SUCH DELEGATES ARE TO BE FREED FROM SUCH

8 ASSIGNMENTS.

9 SECTION 2. Refer to people under referendum. At the

10 election held on November 3, 2016, the secretary of state shall submit this

11 act by its ballot title to the registered electors of the state for their

12 approval or rejection. Each elector voting at the election may cast a vote

13 either "Yes/For" or "No/Against" on the following ballot title: "Shall the

14 state of Colorado conduct a presidential primary election at which

15 electors shall cast votes for qualified candidates of their political party,

16 and the results of which shall bind delegates to national political

17 conventions for the first vote to choose a presidential candidate at such

18 conventions?" Except as otherwise provided in section 1-40-123,

19 Colorado Revised Statutes, if a majority of the electors voting on the

20 ballot title vote "Yes/For", then the act will become part of the Colorado

21 Revised Statutes.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-37

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.11 Bill to Be Referred to the Voters at the next

Election Subject to TABOR Provisions

A BILL FOR AN ACT

101 CONCERNING AN INCREASE IN THE STATE SALES AND USE TAX ON

102 RETAIL SALES OF ALCOHOL BEVERAGES TO PROVIDE FUNDING

103 FOR THE CHILDREN'S BASIC HEALTH PLAN, AND, IN CONNECTION

104 THEREWITH, INCREASING BY TWO PERCENT THE RATE OF THE

105 SALES AND USE TAX ON ALCOHOL BEVERAGES SOLD OR

106 PURCHASED AT RETAIL; REDUCING THE NEW TAX BY AN AMOUNT

107 EQUAL TO ANY FUTURE INCREASE IN THE SALES AND USE TAX

108 RATE ON ALCOHOL BEVERAGES; EXEMPTING THE TAX FROM THE

109 TOTAL LIMIT ON SALES AND USE TAX THAT MAY BE LEVIED; AND

110 REQUIRING THE NET REVENUE FROM THE TAX TO BE CREDITED

111 TO THE CHILDREN'S BASIC HEALTH PLAN TRUST VIA THE OLD

112 AGE PENSION FUND AND THE STATE GENERAL FUND.

Bill Summary

The bill refers to the voters a measure to authorize a 2% increase

in the state sales and use tax on alcohol beverages. In accordance with the

state constitution, all of the net revenues from the tax increase will be

deposited in the old age pension fund, from which they will be credited

to the state general fund. An amount equal to the amount credited to the

old age pension fund must be appropriated from the state general fund to

the children's basic health plan trust.

The bill exempts the tax from the limit on the total sales and use

tax that may be levied.

1 Be it enacted by the General Assembly of the State of Colorado:

APPENDIX A

A-38 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 SECTION 1. In Colorado Revised Statutes, 25.5-8-105, add (3.5)

2 as follows:

3 25.5-8-105. Trust and supplemental settlement money account

4 - created. (3.5) PURSUANT TO SECTION 39-26-123 (6), BEGINNING IN THE

5 2009-10 FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER, MONEY FROM

6 THE STATE GENERAL FUND SHALL BE APPROPRIATED TO AND BECOME PART

7 OF THE CHILDREN'S BASIC HEALTH PLAN TRUST.

8 SECTION 2. In Colorado Revised Statutes, 29-2-108, amend (3)

9 as follows:

10 29-2-108. Limitation on amount. (3) A tax imposed pursuant to

11 section 24-90-110.7 (3)(f), 29-1-204.5 (3)(f.1), 29-2-103.7, 29-2-103.8,

12 29-2-103.9, 29-25-112, 30-11-107.5, 30-11-107.7, 30-11-107.9,

13 32-18-107, or 37-50-110, C.R.S. 37-50-110, 39-26-106 (1)(c), OR

14 39-26-202 (1)(b.5), and the additional tax authorized by section

15 30-20-604.5, if imposed, shall be exempt from the six and ninety

16 one-hundredths percent limitation imposed by subsection (1) of this

17 section.

18 SECTION 3. In Colorado Revised Statutes, 39-26-102, add (1.2)

19 as follows:

20 39-26-102. Definitions. As used in this article 26, unless the

21 context otherwise requires:

22 (1.2) "ALCOHOL BEVERAGE" HAS THE SAME MEANING AS SET

23 FORTH IN SECTION 12-47-103 (2).

24 SECTION 4. In Colorado Revised Statutes, 39-26-105, add (1)(f)

25 as follows:

26 39-26-105. Vendor liable for tax. (1) (f) EVERY RETAILER OR

27 VENDOR WHO SELLS ALCOHOL BEVERAGES SUBJECT TO SALES TAX

28 IMPOSED PURSUANT TO SECTION 39-26-106 (1)(c) IS LIABLE AND

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-39

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 RESPONSIBLE FOR THE PAYMENT OF AN AMOUNT EQUAL TO THE AMOUNT

2 OF SALES TAX IMPOSED ON SUCH ALCOHOL BEVERAGES LESS THREE AND

3 ONE-THIRD PERCENT OF THE AMOUNT TO COVER THE VENDOR'S EXPENSE

4 IN THE COLLECTION AND REMITTANCE OF THE TAX SET FORTH IN THIS

5 SECTION. THE PAYMENT SHALL BE MADE IN THE SAME MANNER AS ANY

6 OTHER PAYMENT TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF

7 REVENUE THAT IS REQUIRED PURSUANT TO THIS SECTION; EXCEPT THAT

8 THE RETAILER OR VENDOR MUST NOTIFY THE EXECUTIVE DIRECTOR OF THE

9 AMOUNT THAT IS BEING PAID PURSUANT TO THIS SUBSECTION (1)(f).

10 SECTION 5. In Colorado Revised Statutes, 39-26-106, add

11 (1)(c) as follows:

12 39-26-106. Schedule of sales tax. (1) (c) (I) ON AND AFTER JULY

13 1, 2009, THERE IS IMPOSED UPON ALL SALES OF ALCOHOL BEVERAGES A

14 TAX AT THE RATE OF TWO PERCENT OF THE AMOUNT OF THE SALE TO BE

15 COMPUTED IN ACCORDANCE WITH SCHEDULES OR SYSTEMS APPROVED BY

16 THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE. THIS TAX IS

17 IN ADDITION TO THE TAX IMPOSED PURSUANT TO SUBSECTION (1)(a)(II) OF

18 THIS SECTION AND SHALL BE A TAX RATE INCREASE OF THE STATE SALES

19 TAX FOR PURPOSES OF SECTION 20 (4)(a) OF ARTICLE X OF THE STATE

20 CONSTITUTION.

21 (II) THE RATE OF THE TAX IMPOSED PURSUANT TO THIS

22 SUBSECTION (1)(c) SHALL BE REDUCED BY AN AMOUNT EQUAL TO ANY

23 INCREASE IN THE RATE OF THE SALES TAX THAT IS IMPOSED ON THE SALE

24 OF ALCOHOL BEVERAGES THAT IS APPROVED BY THE VOTERS OF THIS

25 STATE ON OR AFTER JULY 1, 2009.

26 SECTION 6. In Colorado Revised Statutes, amend 39-26-112 as

27 follows:

28 39-26-112. Excess tax - remittance. If any vendor, during any

APPENDIX A

A-40 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 reporting period, collects as a tax an amount in excess of three percent of

2 all taxable sales made prior to January 1, 2001, and two and ninety

3 one-hundredths percent OR FOUR AND NINETY-ONE HUNDREDTHS

4 PERCENT, DEPENDING ON WHETHER THE TAX IMPOSED PURSUANT TO

5 SECTION 39-26-106 (1)(c) IS COLLECTED, of all taxable sales made on or

6 after January 1, 2001, such vendor shall remit to the executive director of

7 the department of revenue the full net amount of the tax imposed in this

8 part 1 and also such excess. The retention by the retailer or vendor of any

9 excess of tax collections over the said percentage of the total taxable sales

10 of such retailer or vendor or the intentional failure to remit punctually to

11 the executive director the full amount required to be remitted by the

12 provisions of this part 1 is declared to be unlawful and constitutes a

13 misdemeanor.

14 SECTION 7. In Colorado Revised Statutes, 39-26-123, amend

15 (1)(a); and add (1)(a.5) and (6) as follows:

16 39-26-123. Receipts - disposition - transfers of general fund

17 surplus - alcohol beverages net revenue - sales and use tax holding

18 fund - creation - definitions. (1) As used in this section, unless the

19 context otherwise requires:

20 (a) "Net revenue" means the gross amount of sales and use tax

21 receipts collected under the provisions of this article 26, less a fee

22 retained by vendors for the collection and remittance of the tax pursuant

23 to section 39-26-105 (1) and less refunds and adjustments made by the

24 department of revenue in conjunction with its collection and enforcement

25 duties under this article 26; EXCEPT THAT "NET REVENUE" DOES NOT

26 INCLUDE THE NET REVENUE FROM THE SALES AND USE TAX ON ALCOHOL

27 BEVERAGES.

28 (a.5) "NET REVENUE FROM THE SALES AND USE TAX ON ALCOHOL

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-41

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 BEVERAGES" MEANS THE GROSS AMOUNT OF SALES AND USE TAX RECEIPTS

2 COLLECTED UNDER THE PROVISIONS OF THIS ARTICLE 26 FOR THE TAXES

3 IMPOSED PURSUANT TO SECTIONS 39-26-106 (1)(c) AND 39-26-202

4 (1)(b.5), LESS A FEE RETAINED BY VENDORS FOR THE COLLECTION AND

5 REMITTANCE OF THE TAX PURSUANT TO SECTION 39-26-105 (1)(f) AND

6 LESS REFUNDS AND ADJUSTMENTS MADE BY THE DEPARTMENT OF

7 REVENUE IN CONJUNCTION WITH ITS COLLECTION AND ENFORCEMENT

8 DUTIES UNDER THIS ARTICLE 26. FOR PURPOSES OF THIS SUBSECTION

9 (1)(a.5), THE FEE RETAINED BY VENDORS AND THE REFUNDS AND

10 ADJUSTMENTS MADE BY THE DEPARTMENT SHALL BE PROPORTIONAL TO

11 THE TAX LEVIED PURSUANT TO SECTIONS 39-26-106 (1)(c) AND 39-26-202

12 (1)(b.5).

13 (6) NET REVENUE FROM THE SALES AND USE TAX ON ALCOHOL

14 BEVERAGES SHALL BE CREDITED TO THE OLD AGE PENSION FUND CREATED

15 IN SECTION 1 OF ARTICLE XXIV OF THE STATE CONSTITUTION IN

16 ACCORDANCE WITH SECTION 2 (a) AND (f) OF ARTICLE XXIV OF THE

17 STATE CONSTITUTION. AN AMOUNT EQUAL TO THE AMOUNT CREDITED TO

18 THE OLD AGE PENSION FUND PURSUANT TO THIS SUBSECTION (6) SHALL BE

19 APPROPRIATED FROM THE STATE GENERAL FUND TO THE CHILDREN'S BASIC

20 HEALTH PLAN TRUST CREATED IN SECTION 25.5-8-105. THE

21 APPROPRIATIONS TO THE CHILDREN'S BASIC HEALTH PLAN TRUST FROM THE

22 GENERAL FUND PURSUANT TO THIS SUBSECTION (6) ARE EXEMPT FROM THE

23 LIMITATION ON THE LEVEL OF STATE GENERAL FUND APPROPRIATIONS SET

24 FORTH IN SECTION 24-75-201.1 (1)(a)(II), PURSUANT TO SECTION

25 24-75-201.1 (1)(a)(III)(C).

26 SECTION 8. In Colorado Revised Statutes, 39-26-202, add

27 (1)(b.5) as follows:

28 39-26-202. Authorization of tax. (1) (b.5) (I) ON AND AFTER

APPENDIX A

A-42 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 JULY 1, 2009, THERE IS IMPOSED AND SHALL BE COLLECTED FROM EVERY

2 PERSON IN THIS STATE A TAX OR EXCISE AT THE RATE OF TWO PERCENT OF

3 STORAGE OR ACQUISITION CHARGES OR COSTS FOR THE PRIVILEGE OF

4 STORING, USING, OR CONSUMING IN THIS STATE ANY ALCOHOL BEVERAGES

5 PURCHASED AT RETAIL. THE TAX SET FORTH IN THIS SUBSECTION (1)(b.5)

6 IS IN ADDITION TO THE TAX SET FORTH IN SUBSECTION (1)(b) OF THIS

7 SECTION AND IS A TAX RATE INCREASE OF THE STATE USE TAX FOR

8 PURPOSES OF SECTION 20 (4)(a) OF ARTICLE X OF THE STATE

9 CONSTITUTION.

10 (II) THE TAX CREATED PURSUANT TO THIS SUBSECTION (1)(b.5)

11 SHALL BE REDUCED BY AN AMOUNT EQUAL TO ANY INCREASE IN THE SALES

12 TAX THAT IS IMPOSED ON THE SALE OF ALCOHOL BEVERAGES THAT IS

13 APPROVED BY THE VOTERS OF THIS STATE ON OR AFTER JULY 1, 2009.

14 SECTION 9. In Colorado Revised Statutes, 39-26-204, add (6)

15 as follows:

16 39-26-204. Periodic return - collection. (6) ANY PAYMENT FOR

17 THE TAX SET FORTH IN SECTION 39-26-202 (1)(b.5) SHALL BE MADE IN THE

18 SAME MANNER AS ANY OTHER PAYMENT TO THE EXECUTIVE DIRECTOR OF

19 THE DEPARTMENT OF REVENUE THAT IS REQUIRED PURSUANT TO THIS PART

20 2; EXCEPT THAT THE EXECUTIVE DIRECTOR SHALL BE NOTIFIED OF THE

21 AMOUNT THAT IS BEING PAID PURSUANT TO SUCH SECTION.

22 SECTION 10. Refer to people under referendum. At the

23 election held on November 3, 2016, the secretary of state shall submit this

24 act by its ballot title to the registered electors of the state for their

25 approval or rejection. Each elector voting at the election may cast a vote

26 either "Yes/For" or "No/Against" on the following ballot title: "Shall state

27 taxes be increased ________ dollars annually through increase in the state

28 sales and use tax on retail sales of alcohol beverages to provide funding

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-43

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 for the children's basic health plan, and, in connection therewith,

2 increasing by two percent the rate of the sales and use tax on alcohol

3 beverages sold or purchased at retail; reducing the new tax by an amount

4 equal to any future increase in the sales and use tax rate on alcohol

5 beverages; exempting the tax from the total limit on sales and use tax that

6 may be levied; and requiring the net revenue from the tax to be credited

7 to the children's basic health plan trust via the old age pension fund and

8 the state general fund?" Except as otherwise provided in section

9 1-40-123, Colorado Revised Statutes, if a majority of the electors voting

10 on the ballot title vote "Yes/For", then the act will become part of the

11 Colorado Revised Statutes.

APPENDIX A

A-44 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.12 Concurrent Resolution for Amending the State

Constitution

SENATE CONCURRENT RESOLUTION 04-001

101 SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF

102 COLORADO AN AMENDMENT TO THE COLORADO CONSTITUTION

103 CONCERNING THE EXCLUSION OF TUITION PAID TO PUBLIC

104 INSTITUTIONS OF HIGHER EDUCATION FROM THE DEFINITION OF

105 "FISCAL YEAR SPENDING", AND, IN CONNECTION THEREWITH,

106 LIMITING THE EFFECT OF THE EXCLUSION ON STATE FISCAL YEAR

107 SPENDING LIMITS BY REQUIRING SUCH LIMITS TO BE

108 CALCULATED BASED UPON PRIOR STATE FISCAL YEAR SPENDING

109 LIMITS, WITH ADJUSTMENTS FOR INFLATION AND POPULATION

110 GROWTH, WITHOUT BEING SUBJECT TO REDUCTION DUE TO

111 DECLINES IN STATE REVENUES.

Resolution Summary

For district fiscal years commencing on or after July 1, 2004, the

concurrent resolution excludes tuition paid to public institutions of higher

education from fiscal year spending for purposes of the taxpayer's bill of

rights. The concurrent resolution requires spending limits for state fiscal

years that commence on or after July 1, 2004, to be calculated based upon

calculated prior fiscal year spending limits, with adjustments for inflation

and population growth, without being subject to reduction due to declines

in state revenues.

1 Be It Resolved by the Senate of the Sixty-fourth General Assembly

2 of the State of Colorado, the House of Representatives concurring herein:

3 SECTION 1. At the election held on November 4, 2004, the

4 secretary of state shall submit to the registered electors of the state the

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-45

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 ballot title set forth in section 2 for the following amendment to the state

2 constitution:

3 In the constitution of the state of Colorado, section 20 of article X,

4 amend (2)(e) and (7)(a) as follows:

5 Section 20. The Taxpayer's Bill of Rights. (2) Term

6 definitions. Within this section:

7 (e) (i) FOR DISTRICT FISCAL YEARS THAT COMMENCE BEFORE JULY

8 1, 2004, "fiscal year spending" means all district expenditures and reserve

9 increases except, as to both, those for refunds made in the current or next

10 fiscal year or those from gifts, federal funds, collections for another

11 government, pension contributions by employees and pension fund

12 earnings, reserve transfers or expenditures, damage awards, or property

13 sales.

14 [Note: The remainder of SECTION 1 has been removed from this

15 illustration.]

16 SECTION 2. Each elector voting at the election may cast a vote

17 either "Yes/For" or "No/Against" on the following ballot title: "Shall there

18 be an amendment to the Colorado constitution concerning the exclusion

19 of tuition paid to public institutions of higher education from the

20 definition of "fiscal year spending", and, in connection therewith, limiting

21 the effect of the exclusion on state fiscal year spending limits by requiring

22 such limits to be calculated based upon prior state fiscal year spending

23 limits, with adjustments for inflation and population growth, without

24 being subject to reduction due to declines in state revenues?"

25 SECTION 3. Except as otherwise provided in section 1-40-123,

26 Colorado Revised Statutes, if a majority of the electors voting on the

27 ballot title vote "Yes/For", then the amendment will become part of the

28 state constitution.

APPENDIX A

A-46 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.13 Concurrent Resolution Amending the State

Constitution and Containing a Nonconstitutional

Legislative Declaration

HOUSE CONCURRENT RESOLUTION 04-1005

101 SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF

102 COLORADO AN AMENDMENT TO THE COLORADO CONSTITUTION,

103 CONCERNING REFORM OF THE STATE CIVIL SERVICE SYSTEM,

104 AND, IN CONNECTION THEREWITH, MODIFYING THE MERIT

105 PRINCIPLE, EXEMPTING CERTAIN POSITIONS FROM THE SYSTEM,

106 MODIFYING THE NUMBER OF ELIGIBLE APPLICANTS FROM WHICH

107 AN APPOINTMENT IS TO BE MADE, MODIFYING THE RESIDENCY

108 REQUIREMENT, EXPANDING THE DURATION OF TEMPORARY

109 EMPLOYMENT, SPECIFYING THE RULE-MAKING AUTHORITY OF

110 THE STATE PERSONNEL BOARD AND THE STATE PERSONNEL

111 DIRECTOR, AUTHORIZING A MODIFICATION TO THE VETERANS'

112 PREFERENCE CALCULATION, REPEALING THE REQUIREMENT

113 THAT THE STATE AUDITOR'S STAFF BE INCLUDED IN THE STATE

114 PERSONNEL SYSTEM, AND MAKING CONFORMING AMENDMENTS.

Resolution Summary

Reforms the state civil service system in the following respects:

Merit principle

! Retains the merit principle and specifies that appointments

and promotions in the state personnel system are to be made

according to merit as ascertained by comparative

assessments of qualifications.

! Eliminates reference to competitive tests to measure

competence...

[Note: The remainder of the bill summary has been removed from this

illustration.]

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-47

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 WHEREAS, The clauses appearing before Section 1 of this

2 measure express the intent of the general assembly in adopting the

3 measure and are intended to be included as part of the text of the measure

4 for purposes of publication pursuant to section 1-40-124, Colorado

5 Revised Statutes, and the ballot information booklet pursuant to section

6 1 (7.5) of article V of the state constitution and section 1-40-124.5,

7 Colorado Revised Statutes; and

8 WHEREAS, Colorado voters adopted a constitutional system of

9 public employment that requires consideration of a person's qualifications

10 and performance instead of political preferences, which has served the

11 state of Colorado well; and

12 WHEREAS, The purpose of the state personnel system is to assure

13 that a well-qualified workforce is serving the people of Colorado, and to

14 further that purpose, the system must strike an appropriate balance

15 between preserving the core principles of a merit-based system and

16 providing the flexibility demanded by modern circumstances; and

17 WHEREAS, It is the intent of the general assembly to ensure that

18 the protections of the state personnel system are consistent with the

19 nondiscrimination provision of section 29 of article II of the state

20 constitution, and that the existing preference for veterans of the armed

21 forces not be diminished but be updated to conform with other

22 constitutional changes; now, therefore,

23 Be It Resolved by the House of Representatives of the Sixty-fourth

24 General Assembly of the State of Colorado, the Senate concurring herein:

25 SECTION 1. At the election held on November 4, 2004, the

26 secretary of state shall submit to the registered electors of the state the

27 ballot title set forth in section 2 for the following amendment to the state

APPENDIX A

A-48 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 constitution:

2 In the constitution of the state of Colorado, amend section 13 of

3 article XII as follows:

4 Section 13. Personnel system of state - merit system.

5 (1) Appointments and promotions to offices and employments in the

6 STATE personnel system of the state shall be made according to merit, and

7 fitness to be ascertained by competitive tests of competence COMPARATIVE

8 ASSESSMENTS OF QUALIFICATIONS AS PROVIDED BY LAW, without regard

9 to race, creed, or color, SEX, or political affiliation.

10 (2) The personnel system of the state shall comprise all appointive

11 public officers and employees of the state, except the following: Members

12 of the public utilities commission, the industrial commission of Colorado,

13 the state board of land commissioners, the Colorado tax commission, the

14 state parole board, and the state personnel board HEADS OF PRINCIPAL

15 DEPARTMENTS; members of any board or commission; serving without

16 compensation except for per diem allowances provided by law and

17 reimbursement of expenses; the employees in the offices of the governor

18 and the lieutenant governor AND NOT MORE THAN FOUR EMPLOYEES IN THE

19 OFFICES OF THE HEADS OF PRINCIPAL DEPARTMENTS, ALL OF whose

20 functions are confined to such offices...

[Note: The remainder of this concurrent resolution has been removed

from this illustration.]

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-49

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.14 Concurrent Resolution to Ratify an Amendment

to the U.S. Constitution

HOUSE CONCURRENT RESOLUTION 72-1017

101 CONCERNING RATIFICATION OF THE PROPOSED AMENDMENT TO THE

102 CONSTITUTION OF THE UNITED STATES RELATIVE TO EQUAL

103 RIGHTS FOR MEN AND WOMEN.

Resolution Summary

The concurrent resolution ratifies the proposed equal rights

amendment to the U.S. constitution.

1 WHEREAS, the Ninety-second Congress of the United States of

2 America, at its second session, in both Houses, by a constitutional

3 majority of two-thirds thereof, has proposed an amendment to the

4 Constitution of the United States of America in the following words, to

5 wit:

6 JOINT RESOLUTION

7 Proposing an amendment to the Constitution of the United States

8 relative to equal rights for men and women.

9 Resolved by the Senate and House of Representatives of the United

10 States of America in Congress assembled (two-thirds of each House

11 concurring therein), That the following article is proposed as an

12 amendment to the Constitution of the United States, which shall be valid

13 to all intents and purposes as part of the Constitution when ratified by the

14 legislatures of three fourths of the several states within seven years from

15 the date of its submission by Congress:

APPENDIX A

A-50 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 "ARTICLE

2 "Section 1. Equality of rights under the law shall not be denied or

3 abridged by the United States or by any state on account of sex.

4 "Section 2. The congress shall have the power to enforce, by

5 appropriate legislation, the provisions of this article.

6 "Section 3. This amendment shall take effect two years after the

7 date of ratification."

8 Be It Resolved by the House of Representatives of the Forty-eighth

9 General Assembly of the State of Colorado, the Senate concurring herein:

10 That the said proposed amendment to the Constitution of the

11 United States of America be and the same is hereby ratified by the General

12 Assembly of the State of Colorado.

13 Be It Further Resolved, That a copy of the foregoing preamble and

14 resolution be transmitted to the Administrator of General Services of the

15 United States, which copy shall be certified by the President of the Senate,

16 attested by the Secretary of the Senate, and certified by the Speaker of the

17 House of Representatives, attested by the Chief Clerk of the House of

18 Representatives, of the Forty-eighth General Assembly of the State of

19 Colorado.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-51

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.15 Concurrent Resolution to Call a State

Constitutional Convention

HOUSE CONCURRENT RESOLUTION 04-1002

101 SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF

102 COLORADO THE PROPOSAL FOR THE HOLDING OF A

103 CONSTITUTIONAL CONVENTION TO REVISE, ALTER, AND AMEND

104 SECTION 17 OF ARTICLE IX AND SECTIONS 3, 3.5, AND 20 OF

105 ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO,

106 WITH ANY REFERRED MEASURE FROM THE CONVENTION

107 REQUIRING THE VOTE OF TWO-THIRDS OF THE DELEGATES

108 THERETO.

Resolution Summary

The concurrent resolution submits, at the next general election, the

proposal of holding a convention to amend specified provisions of the

state constitution, with any referred measure from the convention

requiring the vote of 2/3 of the delegates thereto.

1 Be It Resolved by the House of Representatives of the Sixty-fourth

2 General Assembly of the State of Colorado, the Senate concurring herein:

3 SECTION 1. At the election held on November 4, 2004, the

4 secretary of state shall submit to the registered electors of the state, for

5 their approval or rejection, the proposal of holding a convention to revise,

6 alter, and amend section 17 of article IX and sections 3, 3.5, and 20 of

7 article X of the present constitution of the state of Colorado, with any

8 referred measure from the convention requiring the vote of two-thirds of

9 the delegates thereto.

APPENDIX A

A-52 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 SECTION 2. The submission of said proposal shall be duly

2 published and certified, and shall be placed on the official ballots at the

3 next general election, in the same manner as amendments to the state

4 constitution.

5 SECTION 3. Each elector voting at said election and desirous of

6 voting for or against said proposal shall cast a vote as provided by law

7 either "Yes" or "No" on the proposal: "Shall there be a constitutional

8 convention to revise, alter, and amend section 17 of article IX and sections

9 3, 3.5, and 20 of article X of the constitution of the state of Colorado, with

10 any referred measure from the convention requiring the vote of two-thirds

11 of the delegates thereto?"

12 SECTION 4. The votes cast for the adoption or rejection of said

13 proposal shall be canvassed and the result determined in the manner

14 provided by law for the canvassing of votes for representatives in

15 Congress, and if a majority of the electors voting on the proposal shall

16 have voted "Yes", the general assembly, at its next session, shall provide

17 for the calling of a constitutional convention, as provided in section 1 of

18 article XIX of the state constitution.

NOTE: The general rule is to not refer to specific sections or articles of

the Colorado constitution in a ballot title question; however, because the

scope of a constitutional convention is often an issue of concern, it is

recommended that the actual citations be listed in a resolution calling for

a constitutional convention.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-53

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.16 Concurrent Resolution Contingent on the

Passage of Another Concurrent Resolution

SENATE CONCURRENT RESOLUTION 04-009

101 SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF

102 COLORADO AN AMENDMENT TO THE COLORADO CONSTITUTION

103 CONCERNING MODIFICATIONS TO THE REQUIRED INCREASES IN

104 CERTAIN STATE EDUCATION FUNDING, AND, IN CONNECTION

105 THEREWITH, REQUIRING THE STATEWIDE BASE PER PUPIL

106 FUNDING AND THE TOTAL STATE FUNDING FOR ALL

107 CATEGORICAL PROGRAMS TO ANNUALLY INCREASE BY THE

108 LESSER OF INFLATION OR THE PERCENTAGE CHANGE IN GENERAL

109 FUND REVENUES, AND REQUIRING AN ADDITIONAL ONE PERCENT

110 INCREASE IN THE STATEWIDE BASE PER PUPIL FUNDING AND

111 TOTAL STATE FUNDING FOR ALL CATEGORICAL PROGRAMS WHEN

112 STATE REVENUES EXCEED THE LIMITATION ON STATE FISCAL

113 YEAR SPENDING.

Resolution Summary

The concurrent resolution amends section 17 (1) of article IX of the

state constitution (amendment 23) to eliminate the requirement that,

through the 2010-11 state fiscal year, the statewide base per pupil funding

and the total state funding for all categorical programs increase by at least

the rate of inflation plus one percent, and that for the 2011-12 and future

state fiscal years, the statewide base per pupil funding and total categorical

program funding increase by at least the rate of inflation. Instead, the

concurrent resolution requires the following:

! That, for the 2005-06 and future state fiscal years, the

statewide base per pupil funding and total categorical

program funding increase by the lesser of the rate of

inflation for the prior calendar year or the percentage

change in general fund revenues collected by the state in the

prior 2 calendar years.

APPENDIX A

A-54 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

! That, for the 2005-06 state fiscal year and the next 5 state

fiscal years, the statewide base per pupil funding and total

categorical program funding increase by one percent if state

revenues exceed the limitation on state fiscal year spending

imposed by the taxpayer's bill of rights (TABOR).

! Suspension of the one percent increase requirement if state

revenues do not exceed the state fiscal year spending limit.

! If the suspension is triggered, extension of the period of the

required one percent increase in order to ensure the increase

requirements apply for a total of 6 state fiscal years.

The concurrent resolution amends subsection (4)(b) of amendment

23 to preclude the use of money in the state education fund to comply with

the one percent increase requirement.

The concurrent resolution specifies that the measure only takes

effect if a specified measure amending TABOR is enacted by the general

assembly and approved by the voters.

1 Be It Resolved by the Senate of the Sixty-fourth General Assembly

2 of the State of Colorado, the House of Representatives concurring herein:

3 SECTION 1. Except as otherwise provided in section 3 of this

4 concurrent resolution, at the election held on November 4, 2004, the

5 secretary of state shall submit to the registered electors of the state the

6 ballot title set forth in section 2 for the following amendment to the state

7 constitution:

8 In the constitution of the state of Colorado, section 17 of article IX,

9 amend (1) and (4)(b) as follows:

10 Section 17. Education - Funding. (1) Purpose. (a) In state fiscal

11 year 2001-2002 through state fiscal year 2010-2011, the statewide....

12 [Note: The remainder of SECTION 1 has been removed from this

13 illustration.]

14 SECTION 2. Each elector voting at the election may cast a vote

15 either "Yes/For" or "No/Against" on the following ballot title: "Shall there

16 be an amendment to the Colorado constitution concerning modifications

17 to the required increases in certain state education funding, and, in

18 connection therewith, requiring the statewide base per pupil funding and

19 the total state funding for all categorical programs to annually increase by

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-55

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 the lesser of inflation or the percentage change in general fund revenues,

2 and requiring an additional one percent increase in the statewide base per

3 pupil funding and total state funding for all categorical programs when

4 state revenues exceed the limitation on state fiscal year spending?"

5 SECTION 3. Notwithstanding the provisions of section 1 of this

6 concurrent resolution, such ballot title shall not be submitted to the

7 registered electors of the state, for their approval or rejection, unless the

8 General Assembly approved Senate Concurrent Resolution 04-_____ at

9 the Second Regular Session of the Sixty-fourth General Assembly.

10 SECTION 4. Except as otherwise provided in section 1-40-123,

11 Colorado Revised Statutes, if a majority of the electors voting on the

12 ballot title vote "Yes/For", and if a majority of the electors voting on the

13 question submitted pursuant to Senate Concurrent Resolution 04-____ ,

14 adopted at the Second Regular Session of the Sixty-fourth General

15 Assembly, shall have voted "Yes/For", then the amendment will become

16 part of the state constitution.

APPENDIX A

A-56 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.17 Concurrent Resolution Amending More than One

Article of the Constitution

HOUSE CONCURRENT RESOLUTION 04-1003

101 SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF

102 COLORADO AMENDMENTS TO THE COLORADO CONSTITUTION

103 CONCERNING STATE SPENDING, AND, IN CONNECTION

104 THEREWITH, REPLACING THE REQUIREMENT THAT STATEWIDE

105 BASE PER PUPIL FUNDING FOR PRESCHOOL, PRIMARY, AND

106 SECONDARY EDUCATION AND TOTAL STATE FUNDING FOR ALL

107 CATEGORICAL PROGRAMS FOR EACH OF THE TEN STATE FISCAL

108 YEARS STARTING WITH THE 2001-02 STATE FISCAL YEAR

109 INCREASE BY AT LEAST THE RATE OF INFLATION PLUS ONE

110 PERCENTAGE POINT WITH A REQUIREMENT THAT THE GENERAL

111 ASSEMBLY SET THE STATEWIDE BASE PER PUPIL FUNDING AND

112 TOTAL STATE FUNDING FOR ALL CATEGORICAL PROGRAMS AT NO

113 LESS THAN THE LEVELS OF THE STATEWIDE BASE PER PUPIL

114 FUNDING AND TOTAL STATE FUNDING FOR ALL CATEGORICAL

115 PROGRAMS FOR THE PRIOR STATE FISCAL YEAR IN ANY STATE

116 FISCAL YEAR THAT FOLLOWS A CALENDAR YEAR IN WHICH STATE

117 GENERAL FUND REVENUES DID NOT INCREASE BY AT LEAST THE

118 SUM OF INFLATION PLUS THE PERCENTAGE CHANGE IN STATE

119 POPULATION FOR THE PRIOR CALENDAR YEAR; REPLACING THE

120 REQUIREMENT THAT STATEWIDE BASE PER PUPIL FUNDING FOR

121 PRESCHOOL, PRIMARY, AND SECONDARY EDUCATION AND TOTAL

122 STATE FUNDING FOR ALL CATEGORICAL PROGRAMS FOR STATE

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-57

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

101 FISCAL YEARS STARTING WITH THE 2011-12 STATE FISCAL YEAR

102 INCREASE BY THE RATE OF INFLATION WITH A REQUIREMENT

103 THAT THE GENERAL ASSEMBLY SET THE STATEWIDE BASE PER

104 PUPIL FUNDING AND TOTAL STATE FUNDING FOR ALL

105 CATEGORICAL PROGRAMS AT NO LESS THAN THE LEVELS OF THE

106 STATEWIDE BASE PER PUPIL FUNDING FOR PRESCHOOL, PRIMARY,

107 AND SECONDARY EDUCATION AND TOTAL STATE FUNDING FOR

108 ALL CATEGORICAL PROGRAMS FOR THE PRIOR FISCAL YEAR;

109 INCREASING THE STATE FISCAL YEAR SPENDING LIMITS FOR THE

110 2005-06 AND 2006-07 STATE FISCAL YEARS BY ONE PERCENTAGE

111 POINT EACH; INCLUDING EACH ONE PERCENTAGE POINT

112 INCREASE IN THE STATE FISCAL YEAR SPENDING BASE FOR THE

113 PURPOSE OF CALCULATING SUBSEQUENT YEARS' STATE FISCAL

114 YEAR SPENDING LIMITS EVEN IF STATE REVENUES DECLINE; AND

115 REQUIRING SOME OF THE ADDITIONAL MONEY UNDER THE

116 INCREASED STATE FISCAL YEAR SPENDING LIMITS TO BE

117 EXPENDED FIRST TO COMPENSATE LOCAL GOVERNMENTS FOR

118 REVENUE LOSSES FROM THE SENIOR PROPERTY TAX EXEMPTION,

119 NEXT TO PROVIDE A STATE CREDIT AGAINST BUSINESS PERSONAL

120 PROPERTY TAXES, AND LASTLY FOR REFUNDS TO TAXPAYERS.

Resolution Summary

The concurrent resolution amends section 17 of article IX of the

Colorado constitution (Amendment 23) as follows:

! Replaces the requirement that statewide base per pupil

funding for preschool, primary, and secondary education for

each of the 10 state fiscal years starting with the 2001-02

state fiscal year increase by at least the rate of inflation plus

one percentage point with a requirement that the general

assembly set the statewide base per pupil funding and total

state funding for all categorical programs at no less than the

levels of the statewide base per pupil funding and total state

funding for all categorical programs for the prior state fiscal

year in any state fiscal year that follows a calendar year in

APPENDIX A

A-58 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

which state general fund revenues did not increase by at

least the sum of inflation plus the percentage change in state

population for the prior calendar year.

! Replaces the requirement that statewide base per pupil

funding for preschool, primary, and secondary education for

state fiscal years starting with the 2011-12 state fiscal year

increase by the rate of inflation with a requirement that the

general assembly set the statewide base per pupil funding

and total state funding for all categorical programs at no

less than the levels of the statewide base per pupil funding

for preschool, primary, and secondary education and total

state funding for all categorical programs for the prior fiscal

year.

The concurrent resolution amends section 20 of article X of the

Colorado constitution (TABOR) as follows:

! Increases the state fiscal year spending limits for the

2005-06 and 2006-07 state fiscal years by one percentage

point each.

! Includes each one percentage point increase in the state

fiscal year spending base for the purpose of calculating

subsequent years' state fiscal year spending limits even if

state revenues decline.

! Requires additional money under the increased state fiscal

year spending limits to be expended first to compensate

local governments for revenue losses from the senior

property tax exemption, next to provide a state credit

against business personal property taxes, and lastly for

refunds to taxpayers if the amount of the additional money

is at least 50% of the amount of compensation owed to the

local governments.

1 Be It Resolved by the House of Representatives of the Sixty-fourth

2 General Assembly of the State of Colorado, the Senate concurring herein:

3 SECTION 1. At the election held on November 4, 2004, the

4 secretary of state shall submit to the registered electors of the state the

5 ballot title set forth in section 2 for the following amendment to the state

6 constitution:

7 In the constitution of the state of Colorado, section 17 of article IX,

8 amend (1) as follows:

9 Section 17. Education - Funding. (1) Purpose. (a) (I) EXCEPT

10 AS PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION, STARTING in state

11 fiscal year 2001-2002 through state fiscal year 2010-2011 FOR A PERIOD

12 OF TEN CONSECUTIVE STATE FISCAL YEARS, the statewide base per pupil

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-59

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 funding, as defined by the Public School Finance Act of 1994, article 54

2 of title 22, Colorado Revised Statutes on the effective date of this section,

3 for public education from preschool through the twelfth grade and total

4 state funding for all categorical programs shall grow annually at least by

5 the rate of inflation plus an additional one percentage point.

6 [Note: The remainder of this portion of SECTION 1 has been removed

7 from this illustration.]

8 In the constitution of the state of Colorado, section 20 of article X,

9 amend (7)(a); and add (7)(a.5) as follows:

10 Section 20. The Taxpayer's Bill of Rights. (7) Spending limits.

11 (a) EXCEPT AS OTHERWISE PROVIDED IN (7)(a.5), the maximum annual

12 percentage change in state fiscal year spending equals inflation plus the

13 percentage change in state population in the prior calendar year, adjusted

14 for revenue changes approved by voters after 1991. Population shall be

15 determined by annual federal census estimates and such number shall be

16 adjusted every decade to match the federal census.

17 [Note: The remainder of this portion of SECTION 1 has been removed

18 from this illustration.]

19 SECTION 2. Each elector voting at the election may cast a vote

20 either "Yes/For" or "No/Against" on the following ballot title: "Shall there

21 be amendments to the Colorado constitution concerning state spending,

22 and, in connection therewith, replacing the requirement that statewide

23 base per pupil funding for preschool, primary, and secondary education

24 and total state funding for all categorical programs for each of the ten state

25 fiscal years starting with the 2001-02 state fiscal year increase by at least

26 the rate of inflation plus one percentage point with a requirement that the

27 general assembly set the statewide base per pupil funding and total state

28 funding for all categorical programs at no less than the levels of the

APPENDIX A

A-60 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 statewide base per pupil funding and total state funding for all categorical

2 programs for the prior state fiscal year in any state fiscal year that follows

3 a calendar year in which state general fund revenues did not increase by

4 at least the sum of inflation plus the percentage change in state population

5 for the prior calendar year; replacing the requirement that statewide base

6 per pupil funding for preschool, primary, and secondary education and

7 total state funding for all categorical programs for state fiscal years

8 starting with the 2011-12 state fiscal year increase by the rate of inflation

9 with a requirement that the general assembly set the statewide base per

10 pupil funding and total state funding for all categorical programs at no less

11 than the levels of the statewide base per pupil funding for preschool,

12 primary, and secondary education and total state funding for all

13 categorical programs for the prior fiscal year; increasing the state fiscal

14 year spending limits for the 2005-06 and 2006-07 state fiscal years by one

15 percentage point each; including each one percentage point increase in the

16 state fiscal year spending base for the purpose of calculating subsequent

17 years' state fiscal year spending limits even if state revenues decline; and

18 requiring some of the additional money under the increased state fiscal

19 year spending limits to be expended first to compensate local governments

20 for revenue losses from the senior property tax exemption, next to provide

21 a state credit against business personal property taxes, and lastly for

22 refunds to taxpayers?"

23 SECTION 3. Except as otherwise provided in section 1-40-123,

24 Colorado Revised Statutes, if a majority of the electors voting on the

25 ballot title vote "Yes/For", then the amendment will become part of the

26 state constitution.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-61

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.18 Joint Resolution Asking Congress to Submit an

Amendment to the U.S. Constitution

HOUSE JOINT RESOLUTION 92-1026

101 CONCERNING AN AMENDMENT TO THE UNITED STATES CONSTITUTION

102 REQUIRING CONGRESS TO ADOPT A BALANCED BUDGET PLAN.

1 WHEREAS, The national debt is over $3.7 trillion and is

2 increasing at a rate of over $1 billion a day; and

3 WHEREAS, The United States Congress made changes in the

4 budget process at least four times in the last two decades and each time the

5 deficit increased; and

6 WHEREAS, The Gramm-Rudman-Hollings Deficit Reduction Act

7 of 1985 set decreasing deficit targets to balance the budget by 1991, but

8 since Congress was unable to meet the deadline it has delayed the date to

9 1993; and

10 WHEREAS, The five-year 1990 deficit reduction "summit" only

11 resulted in tax increases and increased federal deficits; and

12 WHEREAS, The interest on the national debt is fifteen percent of

13 the federal budget costing taxpayers over $225 billion a year; and

14 WHEREAS, Budgeting developments have increased spending as

15 a percent of the gross national product which has resulted in an increased

16 tax burden and an increase in the national debt; and

17 WHEREAS, Increasing federal debt expands the public sector at

18 the expense of the private economy and causes inflation, unemployment,

19 high interest rates, and an unstable economy which places greater burdens

20 on state governments and budgets; and

21 WHEREAS, Tax increases destroy the will of the people to work

22 and prosper and destroy the incentive for business and industry to invest

23 and expand; and

24 WHEREAS, Congress has considered various balanced budget

25 proposals in the past without success and is currently considering

26 proposals which do not contain the measures necessary to halt excessive

27 spending and mounting tax burdens; now, therefore,

28 Be It Resolved by the House of Representatives of the Fifty-eighth

29 General Assembly of the State of Colorado, the Senate concurring herein:

APPENDIX A

A-62 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 (1) That the President and Congress are required to agree each year

2 to a balanced budget plan, prohibiting spending outlays from exceeding

3 tax receipts.

4 (2) That Congress may only authorize a deficit with the approval

5 of a three-fifths majority of both the House of Representatives and the

6 Senate.

7 (3) That Congress may only raise taxes with the approval of a

8 three-fifths majority of the House of Representatives and the Senate.

9 (4) That congress may not increase the total United States debt

10 without the approval of a three-fifths majority of the House of

11 Representatives and the Senate.

12 (5) That congress may waive these provisions if a declaration of

13 war is in effect.

14 (6) second year after ratification, whichever is later.

15 Be It Further Resolved, That copies of this Joint Resolution be sent

16 to all members of the United States Senate and House of Representatives

17 urging them to support the provisions in HJR 248 to balance the federal

18 budget, limit taxes, and halt the growing national debt which threatens the

19 economic stability of this country.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-63

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.19 Joint Memorial Asking Congress to Call a

Federal Constitutional Convention

SENATE JOINT MEMORIAL 78-001

101 MEMORIALIZING CONGRESS TO CONVENE A CONSTITUTIONAL

102 CONVENTION FOR THE SPECIFIC AND EXCLUSIVE PURPOSE OF

103 PROPOSING AN AMENDMENT TO THE UNITED STATES

104 CONSTITUTION REQUIRING THAT FEDERAL SPENDING NOT

105 EXCEED ESTIMATED FEDERAL REVENUES.

1 WHEREAS, With each passing year this nation becomes more

2 deeply in debt as its expenditures grossly and repeatedly exceed available

3 revenues so that the public debt now exceeds hundreds of billions of

4 dollars; and

5 WHEREAS, The annual federal budget continually demonstrates

6 an unwillingness or inability of both the legislative and executive branches

7 of the federal government to curtail spending to conform to available

8 revenues; and

9 WHEREAS, Convinced that fiscal irresponsibility at the federal

10 level, with the inflation which results from this policy, is the greatest

11 threat which faces our nation, we firmly believe that constitutional

12 restraint is vital to bring the fiscal discipline needed to restore financial

13 responsibility; and

14 WHEREAS, Under article V of the constitution of the United

15 States, amendments to the federal constitution may be proposed by the

16 congress whenever two-thirds of both houses deem it necessary or on the

17 application of the legislatures of two-thirds of the several states that the

18 congress shall call a constitutional convention for the purpose of

19 proposing amendments which shall be valid to all intents and purposes

20 when ratified by the legislatures and three-fourths of the several states;

21 now, therefore,

22 Be It Resolved by the Senate of the Fifty-first General Assembly of

23 the State of Colorado, the House of Representatives concurring herein:

24 That the Congress of the United States is hereby memorialized to

25 call a constitutional convention pursuant to article V of the constitution of

26 the United States for the specific and exclusive purpose of proposing an

27 amendment to the federal constitution prohibiting deficit spending except

28 under conditions specified in such amendment.

APPENDIX A

A-64 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 Be It Further Resolved, That this application and request be

2 deemed null and void, rescinded, and of no effect in the event that such

3 convention not be limited to such specific and exclusive purpose.

4 Be It Further Resolved, That copies of this Memorial be

5 transmitted to the secretary of state and presiding officers of both houses

6 of the legislatures of each of the several states of the union, the clerk of

7 the United States house of representatives, the secretary of the United

8 States senate, and to each member of the Colorado congressional

9 delegation.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-65

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.20 Joint Resolution to Amend the Joint Rules

SENATE JOINT RESOLUTION 99-019

101 CONCERNING CHANGES TO LEGISLATIVE DEADLINES.

1 Be It Resolved by the Senate of the Sixty-second General Assembly

2 of the State of Colorado, the House of Representatives concurring herein:

3 That in the Joint Rules of the Senate and the House of

4 Representatives, Joint Rule No. 23, add (a)(1.2) as follows:

5 23. DEADLINE SCHEDULE

6 (a) (1.2) NOTWITHSTANDING THE PRECEDING SUBSECTION (a)(1) OF

7 THIS RULE, FOR THE FIRST REGULAR SESSION IN 1999 ONLY,

8 THE FOLLOWING DEADLINES ARE CHANGED TO THE DATES

9 INDICATED:

10 1. THE FRIDAY, MARCH 19 DEADLINE (THE 73RD

11 LEGISLATIVE DAY) FOR COMMITTEES OF REFERENCE TO

12 REPORT BILLS ORIGINATING IN THE OTHER HOUSE IS

13 EXTENDED IN THE SENATE UNTIL TUESDAY, MARCH 23,

14 1999 (THE 77TH LEGISLATIVE DAY);

15 2. THE MONDAY, MARCH 22 DEADLINE (THE 76TH

16 LEGISLATIVE DAY) FOR INTRODUCTION OF THE LONG

17 APPROPRIATION BILL IN THE HOUSE OF ORIGIN (THE SENATE)

18 IS EXTENDED UNTIL WEDNESDAY, MARCH 24, 1999 (THE

19 78TH LEGISLATIVE DAY);

20 3. THE FRIDAY, MARCH 26 DEADLINE (THE 80TH

21 LEGISLATIVE DAY) FOR FINAL PASSAGE OF THE LONG

22 APPROPRIATION BILL IN THE HOUSE OF ORIGIN (THE SENATE)

23 IS EXTENDED UNTIL MONDAY, MARCH 29, 1999 (THE 83RD

24 LEGISLATIVE DAY);

25 4. THE FRIDAY, APRIL 2 DEADLINE (THE 87TH

26 LEGISLATIVE DAY) FOR FINAL PASSAGE OF THE LONG

27 APPROPRIATION BILL IN THE SECOND HOUSE (THE HOUSE) IS

28 EXTENDED UNTIL MONDAY, APRIL 5, 1999 (THE 90TH

29 LEGISLATIVE DAY).

30 THIS SUBSECTION (a)(1.2) IS REPEALED, EFFECTIVE MAY 6,

31 1999.

APPENDIX A

A-66 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.21 Joint Resolution Expressing Congratulations,

Opinion, Etc.

HOUSE JOINT RESOLUTION 99-1044

101 CONCERNING THE ENCOURAGEMENT OF VOLUNTARY EFFORTS TO

102 ALLEVIATE CONGESTION ON COLORADO HIGHWAYS.

1 WHEREAS, The state of Colorado contains more than 85,000

2 miles of roads and 8,300 bridges, and vehicle miles in Colorado last year

3 totaled more than 36 billion, 22 billion of such miles on state roads; and

4 WHEREAS, Nearly three-fourths of Colorado's portion of the

5 interstate highway system was built before 1970, and since then, the

6 population of this state has increased by 1.8 million people; and

7 WHEREAS, Insufficient investment in the state's transportation

8 system relative to the state's population growth has resulted in too many

9 congested and unsafe roads, with heavily-traveled portions of such roads

10 forced to handle thousands more daily trips by motorists than was

11 anticipated when such roads were constructed; and

12 WHEREAS, Although the Colorado Transportation Commission

13 has identified 28 strategic transportation projects across the state that are

14 critical for improving Coloradans' safety and mobility, the projected

15 completion date for all of these projects is literally a generation away; and

16 WHEREAS, Beneficial growth in Colorado's economy and

17 preservation of our state's unique quality of life will only be possible if

18 goods, services, and people can be moved quickly, efficiently, and

19 economically across our state; and

20 WHEREAS, Addressing the state's transportation crisis is a major

21 priority of the First Regular Session of the Sixty-second General

22 Assembly, and Governor Owens' administration, working in concert with

23 the General Assembly, has developed a comprehensive package of

24 legislative measures that will, if enacted, accelerate completion of the 28

25 state-wide strategic transportation projects, provide safer and less

26 congested highways, direct attention to needed improvements in the

27 southeast corridor while freeing up resources for other important projects

28 around the state, and save Colorado taxpayers money and time otherwise

29 lost to traffic congestion; and

30 WHEREAS, There are numerous actions Colorado public and

31 private employers, families, and citizens can take now on a voluntary basis

32 to relieve or reduce traffic congestion on the state highways that will

33 enhance and supplement the package of transportation measures currently

34 pending before the General Assembly, including the adoption and

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-67

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 encouragement of flex-time, home-office, telecommuting, and

2 ride-sharing arrangements, as well as the use of "jitney" taxicab services

3 in heavily congested areas; and

4 WHEREAS, Voluntary efforts on the part of Colorado public and

5 private employers, families, and citizens to make greater use of these or

6 other alternatives to traditional highway usage could make a meaningful

7 difference in reducing or relieving congestion on state roads at little or no

8 cost to the public; now, therefore,

9 Be It Resolved by the House of Representatives of the Sixty-second

10 General Assembly of the State of Colorado, the Senate concurring herein:

11 (1) That the General Assembly encourages Colorado public and

12 private employers, families, and individual citizens to adopt and practice

13 voluntary efforts, whether through flex-time, home-office, telecommuting,

14 ride-sharing, jitney taxicab service, or other arrangements, that will reduce

15 or relieve traffic congestion on state roads.

16 (2) That the General Assembly encourages the executive director

17 of each principal department of the executive branch to consider, to the

18 extent not yet undertaken, the adoption of policies that will foster the use

19 of voluntary efforts to reduce traffic congestion on the part of the

20 employees in that department, consistent with existing rules and

21 regulations concerning personnel matters or otherwise.

22 Be It Further Resolved, That copies of this Joint Resolution be sent

23 to Governor Bill Owens, the executive director of each principal

24 department of the executive branch of state government, and each member

25 of Colorado's delegation to the United States Congress.

APPENDIX A

A-68 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.22 Joint Resolution on the Death of Someone Not a

Member of the General Assembly

SENATE JOINT RESOLUTION 99-038

101 CONCERNING HONORING DARIES CHARLES "CHUCK" LILE.

1 WHEREAS, By the Will of Divine Providence, Daries Charles

2 "Chuck" Lile, the former Director of the Colorado Water Conservation

3 Board, departed this life on February 8, 1999, at the age of fifty-four; and

4 [traditional version]

5 WHEREAS, Daries Charles "Chuck" Lile, the former Director of

6 the Colorado Water Conservation Board, departed this life on February 8,

7 1999, at the age of fifty-four; and [alternate modern version]

8 WHEREAS, Chuck Lile served the State of Colorado faithfully for

9 thirty-one years in the area of water resources; and

10 WHEREAS, Chuck Lile, a registered professional engineer, began

11 his water resources career in July of 1967 in the Office of the State

12 Engineer where he worked for twenty-five years; and

13 WHEREAS, Chuck Lile was the division engineer of Water

14 District 7 in Durango for fourteen of his twenty-five years with the Office

15 of the State Engineer, where he was instrumental in negotiating the Indian

16 Reserved Water Rights settlement; and

17 WHEREAS, Chuck Lile was made the Director of the Colorado

18 Water Conservation Board in 1992 where his insight and leadership skills

19 greatly benefitted the Colorado Water Conservation Board and,

20 consequently, the State of Colorado; and

21 WHEREAS, Chuck Lile, during his tenure as the Director of the

22 Colorado Water Conservation Board, improved and brought new vitality

23 to the Colorado Water Conservation Board loan program by creating

24 several new accounts within the Colorado Water Conservation Board

25 Construction Fund, such as the fish and wildlife resources account, the

26 emergency infrastructure repair account, and the Horse Creek Basin

27 augmentation account; and

28 WHEREAS, Chuck Lile, in response to the Kansas lawsuit against

29 Colorado claiming failure to deliver water to the state line as required by

30 the Arkansas River Compact, helped organize and co-chaired the

31 Arkansas River Coordinating Committee; and

32 WHEREAS, Chuck Lile served on several state and interstate

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-69

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 organizations including the Arkansas River Compact Administration, the

2 Upper Colorado River Compact Commission as alternate commissioner,

3 the Western States Water Council, the Colorado River Salinity Control

4 Forum, and the Colorado Groundwater Commission; and

5 WHEREAS, Chuck Lile concluded his official career in July of

6 1998 after serving nearly six years as the Director of the Colorado Water

7 Conservation Board; and

8 WHEREAS, Chuck Lile was also very involved in community

9 projects, including such organizations as the Rotary Club, running clubs,

10 school boards, church groups, and youth sports, all of which demonstrated

11 his deep and abiding affection for Colorado and its people; and

12 WHEREAS, Chuck Lile spent his entire professional career

13 working for water users in the State of Colorado and now his memory

14 deserves their gratitude and deep appreciation for his skill, insight, and

15 leadership; now, therefore,

16 Be It Resolved by the Senate of the Sixty-second General Assembly

17 of the State of Colorado, the House of Representatives concurring herein:

18 That, in the death of Daries Charles "Chuck" Lile, the people of the

19 State of Colorado have lost a devoted public servant and an outstanding

20 citizen and that we, the members of the Sixty-second General Assembly,

21 pay tribute to Chuck Lile for his years of dedicated public service and do

22 hereby extend our deep and heartfelt sympathy to the members of his

23 family.

24 Be It Further Resolved, That copies of this resolution be sent to

25 Chuck Lile's wife, Leesa Lile, his sons Chip Lile and Chris Lile, his

26 daughter Carrie Lile, all of Durango, Colorado, and his mother Merle Lile,

27 of Pueblo, Colorado.

APPENDIX A

A-70 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.23 Joint Resolution Containing Interrogatories to

the Colorado Supreme Court

Note: Interrogatories can be sent by one house only and handled through

a simple resolution. For an example, see HR 81-1016, Session Laws of

Colorado 1981, p. 2126

SENATE JOINT RESOLUTION 99-021

101 CONCERNING A REQUEST TO THE SUPREME COURT OF THE STATE OF

102 COLORADO TO RENDER ITS OPINION UPON QUESTIONS

103 REGARDING HOUSE BILL 99-1325.

1 WHEREAS, Population and economic growth in Colorado

2 increasingly burden existing public highways and other transportation

3 infrastructure in the state, and this burden grows progressively greater

4 each year; and

5 WHEREAS, The state's transportation infrastructure must be

6 significantly improved in the near future to maintain the quality of life for

7 the citizens of the state and to allow the state's economy to continue to

8 grow and prosper; and

9 WHEREAS, House Bill 99-1325 was introduced in the House of

10 Representatives of the Sixty-second General Assembly to enable the state

11 to effectively and economically provide for the state's transportation

12 infrastructure needs through the issuance of transportation revenue

13 anticipation notes to finance federal aid transportation projects; and

14 WHEREAS, House Bill 99-1325 was passed by the House of

15 Representatives, was passed by the Senate on Second Reading, and now

16 awaits final action by the Senate; and

17 WHEREAS, Substantial questions have been raised about the

18 constitutionality of House Bill 99-1325 under section 20 of article X and

19 section 3 of article XI of the state constitution; and

20 WHEREAS, If the state must delay issuance of transportation

21 revenue anticipation notes due to prolonged legal proceedings to

22 determine whether the provisions of House Bill 99-1325 are

23 constitutional, the state's ability to adequately address the long-term

24 transportation infrastructure needs of the state will be seriously impaired

25 for the following reasons:

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-71

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 1. The state would not be able to realize significant cost savings

2 from financing federal aid transportation projects with transportation

3 revenue anticipation notes because such transportation projects would not

4 be completed at present-day costs and at an accelerated pace; and

5 2. The state must immediately begin negotiations with the federal

6 government in order to be eligible to receive federal transportation funds

7 recently made available by the United States Congress but not yet

8 awarded; however, the federal government will not enter into such

9 negotiations with the state until House Bill 99-1325 becomes law and is

10 determined to be constitutional; and

11 3. Any delay in these negotiations with the federal government will

12 place the state at a significant disadvantage with respect to other states

13 already competing for these federal transportation funds, and such delay

14 may result in the state being unable to obtain any of these federal funds;

15 and

16 4. The state may be unable to issue transportation revenue

17 anticipation notes or may be able to issue such notes only at inordinate

18 cost until questions regarding the constitutionality of House Bill 99-1325

19 are resolved by a decision of the Supreme Court of the State of Colorado;

20 and

21 WHEREAS, If proceeds from the sale of transportation revenue

22 anticipation notes are not treated the same as bonded debt proceeds and

23 excluded from fiscal year spending for purposes of section 20 of article X

24 of the state constitution, this manner of financing state transportation

25 projects would only increase the amount of revenues in excess of the

26 state's constitutional spending limitation that would be refunded using

27 state general fund revenues at the expense of other state programs; and

28 WHEREAS, Resolving the constitutional questions in the context

29 of an interrogatory proceeding will avoid:

30 1. Incurring the costs associated with the issuance of such notes,

31 if such notes are later declared unconstitutional; and

32 2. Jeopardizing the funding for other important state programs and

33 incurring penalties for noncompliance with section 20 of article X of the

34 state constitution, if the proceeds from transportation revenue anticipation

35 notes are later determined to be included in state fiscal year spending; and

36 WHEREAS, The issues raised by House Bill 99-1325 are strictly

37 legal issues involving the interpretation and construction of various

38 provisions of the state constitution, and no factual issues are likely to arise

39 in the context of a private suit that would enhance the Supreme Court's

40 ability to adjudicate these issues; and

41 WHEREAS, If, prior to the adjournment sine die of the

42 Sixty-second General Assembly on May 5, 1999, the Supreme Court

43 determines that the provisions of House Bill 99-1325 do not violate the

44 state constitution, House Bill 99-1325 will probably pass the Senate on

45 Third Reading and be signed into law by the Governor; and

46 WHEREAS, The General Assembly has elected to submit these

APPENDIX A

A-72 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 interrogatories by joint resolution of the two houses signed by the

2 Governor in order to demonstrate to the Supreme Court that both houses

3 and the Governor concur in the importance of the issues set forth below

4 and the urgency of the situation described herein; and

5 WHEREAS, The submittal of these interrogatories in this manner

6 in no way limits or modifies the authority of either house to submit

7 interrogatories by a House or Senate resolution; now, therefore,

8 Be It Resolved by the Senate of the Sixty-second General Assembly

9 of the State of Colorado, the House of Representatives concurring herein:

10 That, in view of the premises, there is an important question as to

11 the constitutionality of House Bill 99-1325, and it is the judgment of the

12 Senate and the House of Representatives that the question of the

13 constitutionality of House Bill 99-1325 is a matter of extreme importance

14 and public interest; that it is essential that an immediate determination be

15 secured; and that a solemn occasion within the meaning and intent of

16 section 3 of article VI of the state constitution has arisen; and the Senate

17 and the House of Representatives accordingly request the Supreme Court

18 of the state of Colorado to render its opinion upon the following

19 questions:

20 1. Would transportation revenue anticipation notes issued in

21 accordance with the provisions of House Bill 99-1325 constitute a "debt

22 by loan in any form" that is prohibited by section 3 of article XI of the

23 state constitution?

24 2. Would transportation revenue anticipation notes issued in

25 accordance with the provisions of House Bill 99-1325 constitute a

26 "multiple-fiscal year direct or indirect district debt or other financial

27 obligation whatsoever" that requires prior voter approval under section 20

28 (4)(b) of article X of the state constitution?

29 3. Would the proceeds from the issuance of transportation revenue

30 anticipation notes issued in accordance with the provisions of House Bill

31 99-1325 be subject to the constitutional limitation on state fiscal year

32 spending imposed by section 20 (7)(a) of article X of the state

33 constitution?

34 Be It Further Resolved, That the President of the Senate,

35 immediately upon passage of this Resolution and approval by the

36 Governor, shall transmit to the Clerk of the Supreme Court a certified

37 copy thereof and certified copies of Revised House Bill 99-1325, and that

38 the Committee on Legal Services shall be directed to furnish said Court

39 with an adequate number of copies of this Resolution and said bill and

40 shall submit to said Court such further documents and briefs as the Court

41 may require to expedite its procedure in the premises.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-73

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.24 Memorial on the Death of a Former Member

HOUSE MEMORIAL 99-1001

101 MEMORIALIZING FORMER REPRESENTATIVE SANDERS ARNOLD.

1 WHEREAS, By the Will of Divine Providence, our beloved former

2 member, Sanders Gibson "Sandy" Arnold, departed this life on March 1,

3 1999, at the age of 69; and [traditional version]

4 WHEREAS, Our respected former colleague, Sanders Gibson

5 "Sandy" Arnold, a past member of the Colorado House of

6 Representatives, departed this life on March 1, 1999, at the age of 69; and

7 [alternate modern version]

8 WHEREAS, Representative Arnold was born November 26, 1929,

9 in Boulder, Colorado; and

10 WHEREAS, Representative Arnold graduated from Boulder High

11 School in 1948, attended the University of Denver, and was a graduate of

12 the Ford Merchandising Institute; and

13 WHEREAS, Representative Arnold, following service in the U.S.

14 Army, joined his father and brothers in the family business of Arnold

15 Brothers Ford in Boulder and Arnold-Brewer Ford in Estes Park; and

16 WHEREAS, Representative Arnold served his community for

17 many years as director of the United Bank of Boulder, the Longs Peak

18 Council of the Boy Scouts of America, and the Boulder Chamber of

19 Commerce; and

20 WHEREAS, Representative Arnold was an active member of the

21 March of Dimes, Boulder Pow Wow Rodeo, and the Ford Dealer's

22 Association; and

23 WHEREAS, Representative Arnold left the family business to run

24 for political office and was elected in 1969 to the Colorado House of

25 Representatives where he served four terms of office; and

26 WHEREAS, As a member of the House of Representatives,

27 Representative Arnold served on several committees, including the Labor

28 Committee, the Local Government Committee, the Transportation and

29 Highway Committee, the Game, Fish, and Parks Committee, and the joint

30 Budget Committee, and he chaired the Appropriations Committee; and

31 WHEREAS, Representative Arnold received 14 public awards for

APPENDIX A

A-74 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 his legislative work in the areas of education, mental health, the mentally

2 handicapped, the environment, land use, tax relief, and campaign reform;

3 and

4 WHEREAS, Representative Arnold sponsored the bill to allow

5 motor vehicles to make right turns on a red light; and

6 WHEREAS, Representative Arnold was a strong advocate of the

7 University of Colorado and the rights of students and children; and

8 WHEREAS, Representative Arnold was named "Most Outstanding

9 Legislator" by his peers from both political parties; and

10 WHEREAS, Representative Arnold was a giant of a man physically

11 and in spirit, known for his booming bass voice, big heart, and ready

12 smile; and

13 WHEREAS, It is fitting that we, the members of the House of

14 Representatives of the Sixty-second General Assembly, pay tribute to the

15 dedicated service of Representative Sanders Arnold and express our deep

16 regret and sorrow occasioned by his death; now, therefore,

17 Be It Resolved by the House of Representatives of the Sixty-second

18 General Assembly of the State of Colorado:

19 That, in the death of Sanders Arnold, the people of the state of

20 Colorado have lost a dedicated public servant and outstanding citizen, and

21 that we, the members of the House of Representatives of the Sixty-second

22 General Assembly, do hereby extend our deep and heartfelt sympathy to

23 the members of his family and pay tribute to a man who served his state

24 well and faithfully; and

25 Be It Further Resolved, That copies of this Memorial be sent to

26 Representative Arnold's son Sanders Arnold, Jr., his granddaughters Emily

27 and Mary Arnold, his sister Sally A. Streamer, and his brothers William

28 and E.R. "Pat" Arnold.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-75

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

A.25 Joint Memorial to Congress

SENATE JOINT MEMORIAL 99-003

101 MEMORIALIZING CONGRESS TO ESTABLISH A BLOCK GRANT PROGRAM

102 FOR THE DISTRIBUTION OF FEDERAL HIGHWAY MONEY, TO USE

103 A UNIFORM MEASURE WHEN CONSIDERING THE DONOR AND

104 DONEE ISSUE, TO ELIMINATE DEMONSTRATION PROJECTS, AND TO

105 EXPAND ACTIVITIES TO COMBAT THE EVASION OF FEDERAL

106 HIGHWAY TAXES AND FEES.

1 WHEREAS, Due to the dynamics of state size, population, and

2 other factors such as federal land ownership and international borders,

3 there is a need for donor states that pay more in federal highway taxes and

4 fees than they receive from the federal government and for donee states

5 that receive more money from the federal government than they pay in

6 federal highway taxes and fees; and

7 WHEREAS, The existence of such donor and donee states supports

8 the maintenance of a successful nationwide transportation system; and

9 WHEREAS, There should be a uniform measure when considering

10 the donor and donee issue, and a ratio derived from the total amount of

11 money a state receives divided by the total amount of money that the state

12 collects in federal highway taxes and fees is a clear and understandable

13 measure; and

14 WHEREAS, Demonstration projects are an ineffective use of

15 federal highway taxes and fees; and

16 WHEREAS, All money residing in the federal highway trust fund

17 should be returned to the states either for use on the national highway

18 system or nationally uniform highway safety improvement programs or as

19 block grants; and

20 WHEREAS, The state block grant program should allow states to

21 make the final decisions that affect the funding of their local highway

22 projects based on the statewide planning process; and

23 WHEREAS, Only a reasonable amount of the money collected

24 from the federal highway taxes and fees should be retained by the United

25 States Department of Transportation for safety and research purposes; and

APPENDIX A

A-76 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1 WHEREAS, States with public land holdings should not be

2 penalized for receiving transportation funding through federal land or

3 national park transportation programs, and such funding should not be

4 included in the states' allocation of money; and

5 WHEREAS, The evasion of federal highway taxes and fees further

6 erodes the ability of the state and the federal government to maintain an

7 efficient nationwide transportation system; now, therefore,

8 Be It Resolved by the Senate of the Sixty-second General Assembly

9 of the State of Colorado, the House of Representatives concurring herein:

10 (1) That, when considering issues related to donor and donee

11 states, the federal government should adopt a ratio derived from the total

12 amount of money a state receives in federal highway money divided by the

13 total amount of money the state collects in federal highway taxes and fees;

14 and

15 (2) That all demonstration projects should be eliminated; and

16 (3) That after federal money has been expended for the national

17 highway system and safety improvements, a state block grant program

18 should be established for the distribution of remaining federal money; and

19 (4) That it is necessary to expand federal and state activities to

20 combat the evasion of federal highway taxes and fees.

21 Be It Further Resolved, That copies of this Joint Memorial be

22 transmitted to the President of the United States Senate, the Speaker of the

23 United States House of Representatives, and to each member of

24 Colorado's delegation of the United States Congress.

APPENDIX A

EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS A-77

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

[This Page Intentionally Blank]

APPENDIX A

A-78 EXAMPLES OF BILLS, RESOLUTIONS, AND MEMORIALS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

APPENDIX B

AMENDING CLAUSES

B.1 GENERAL RULES

Section 2.5.4 of this Drafting Manual contains some general rules and instructions about

drafting amending clauses. This appendix B contains more detailed instructions and

comprehensive examples to assist drafters in crafting amending clauses.

B.1.1 Order of Clause Instructions

When combining multiple provisions, such as a subsection or smaller subdivision of a section,

in a single amending clause, follow the order of instructions listed in the below table.

NOTE: Straight repeals and the repeal of provisions being relocated or not being relocated can’t

be combined with other instructions.

Amend

Includes the following types of amending instructions: Amend; amend as

it/they exist[s] until [date]; amend as it/they will become effective [date];

amend with relocated provisions; amend as added/amended by [bill #].

Repeal

Includes the following types of user-friendly repeal instructions: Repeal;

repeal and reenact, with amendments; repeal as it/they exist[s] until

[date]; repeal as it/they will become effective [date]; repeal as

amended/added by [bill #].

Add

Includes the following types of instructions that add provisions: Add; add

with relocated provisions; add with amended and relocated provisions.

RC & RE

B.1.2 Format of Amending Clause

In Colorado Revised Statutes, 37-87-102, amend (2)(b), (2)(c), (3), and (5); and add

(4)(h) as follows:

1. Begin with "In Colorado Revised Statutes,".

2. If you’re amending a provision smaller than a section, list the section number next. If

amending a section or larger, list the instruction first. Indicate in bold what you’re doing to the

provision. These "instructions" should be separated by semicolons from additional instructions

and should appear in the appropriate order (see section B.1.1 "Order of Clause Instructions"

above).

APPENDIX B

AMENDING CLAUSES B-1

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

3. Do not place a space between each provision in parentheses.

4. End the clause with "as follows", unless it will be a straight repeal.

NOTE: The amending clause macro will address items 1, 2, and 4, above, in most situations.

B.1.3 Guidelines for Combining Instructions in a Single Amending

Clause*

Amending

Clause

Instruction

Can you combine

this instruction

with other

instructions

within one

amending clause?

Can you combine

different

instructions

within one

amending clause

for multiple

subdivisions of a

C.R.S. section?

Can you combine

multiple C.R.S.

sections within

one amending

clause?*

Can you combine

multiple C.R.S.

parts within one

amending clause?*

Can you combine

multiple C.R.S.

articles within

one amending

clause?*

Amend Yes Yes No No No

Amend as

it/they exists

until

Yes, except the

instruction

"Amend/ Repeal

as it/they will

become effective"

Yes, except the

instruction

"Amend/ Repeal as

it/they will become

effective"

No No No

Amend as

it/they will

become effective

Yes, except the

instruction

"Amend/

Repeal as it/they

exists until"

Yes, except the

instruction

"Amend/

Repeal as it/they

exists until"

No No No

Amend with

relocated

provisions

Yes Yes No Yes, but parts must

be in same article

Yes, but articles

must be in same

title

Amend as

added/amended

by [bill #]

Yes Yes No No No

Repeal (user-

friendly)

Yes Yes No No No

Repeal (straight) No No Yes, can combine

different

subdivisions,

sections, parts,

articles, or titles

Yes, can combine

different

subdivisions,

sections, parts,

articles, or titles

Yes, can combine

different

subdivisions,

sections, parts,

articles, or titles

Repeal of

provisions being

or not being

relocated

No No Yes, can combine

different

subdivisions,

sections, parts,

articles, or titles

Yes, can combine

different

subdivisions,

sections, parts,

articles, or titles

Yes, can combine

different

subdivisions,

sections, parts,

articles, or titles

Repeal and

reenact, with

amendments

Yes Yes No Yes, but parts must

be in same article

Yes, but articles

must be in same

title

APPENDIX B

B-2 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Amending

Clause

Instruction

Can you combine

this instruction

with other

instructions

within one

amending clause?

Can you combine

different

instructions

within one

amending clause

for multiple

subdivisions of a

C.R.S. section?

Can you combine

multiple C.R.S.

sections within

one amending

clause?*

Can you combine

multiple C.R.S.

parts within one

amending clause?*

Can you combine

multiple C.R.S.

articles within

one amending

clause?*

Repeal as

it/they exist[s]

until

Yes, except the

instruction

"Amend/

Repeal as it/they

will become

effective"

Yes, except the

instruction

"Amend/

Repeal as it/they

will become

effective"

No No No

Repeal as

it/they will

become effective

Yes, except the

instruction

"Amend/

Repeal as it/they

exist[s] until"

Yes, except the

instruction

"Amend/

Repeal as it/they

exist[s] until"

No No No

Repeal as

amended/added

by [bill #]

Yes Yes No No No

Add Yes Yes Yes, but sections

must be in same

part (or same

article if there are

no parts)

Yes, but parts must

be in same article

Yes, but articles

must be in same

title

Add with

relocated

provisions

Yes Yes Yes, but sections

must be in same

part (or same

article if there are

no parts)

Yes, but parts must

be in same article

Yes, but articles

must be in same

title

Add with

amended and

relocated

provisions

Yes Yes Yes, but sections

must be in same

part (or same

article if there are

no parts)

Yes, but parts must

be in same article

Yes, but articles

must be in same

title

Recreate and

reenact

Yes Yes Yes, but sections

must be in same

part (or same

article if there are

no parts)

Yes, but parts must

be in same article

Yes, but articles

must be in same

title

* Do not combine in one amending clause provisions that are not on the same level—for

example, do not amend a part with an article in one clause.

B.2 AMENDING EXISTING LAW

B.2.1 To Amend a Section

SECTION 1. In Colorado Revised Statutes, amend 18-1-408 as follows:

B.2.2 To Amend an Introductory Portion

APPENDIX B

AMENDING CLAUSES B-3

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

SECTION 2. In Colorado Revised Statutes, 6-1-1103, amend the introductory

portion as follows:

SECTION 3. In Colorado Revised Statutes, 29-4-710.5, amend (1) introductory

portion as follows:

B.2.3 To Amend an Introductory Portion and a Section Division

SECTION 4. In Colorado Revised Statutes, 1-9-203, amend (2) introductory

portion and (5)(b) as follows:

SECTION 5. In Colorado Revised Statutes, 18-1-408, amend (1), (2), (5)

introductory portion, and (6) as follows:

B.2.4 To Amend an Introductory Portion and Two or More Section

Divisions

SECTION 6. In Colorado Revised Statutes, 18-5-403, amend (1)(a), (2)

introductory portion, (2)(b), (2)(c), (2)(d), and (2)(e) as follows:

B.2.5 To Amend Two or More Introductory Portions and Two or More

Section Divisions

SECTION 7. In Colorado Revised Statutes, 16-16-103, amend (1) introductory

portion, (2) introductory portion, (2)(a)(I), (2)(a)(II), (2)(a)(III), (3)(a), (3)(b) introductory

portion, (3)(b)(I), and (4) as follows:

B.2.6 To Amend Several Section Divisions

SECTION 8. In Colorado Revised Statutes, 18-1-410, amend (1)(a), (1)(c), (1)(d),

(1)(e), (1)(f), (1)(g), and (2) as follows:

SECTION 9. In Colorado Revised Statutes, 42-4-1101, amend (1), (2)(a), (2)(f),

(6), (7), (8)(a), (8)(c), (8)(f), and (9)(b) as follows:

B.3 AMENDING AN ENTIRE PROVISION - DELETED BY

AMENDMENT

When amending an entire provision, different instructions need not be broken into separate

instructions for each action. Instead, use the simple amending clause that amends the entire

provision.

APPENDIX B

B-4 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

SECTION 10. In Colorado Revised Statutes, amend 18-1-201 as follows:

18-1-201. State jurisdiction. (1) A person is subject to prosecution in this state for

an offense which THAT he OR SHE commits, by his OR HER own conduct or that of another

for which he OR SHE is legally accountable, if:

(a) The conduct constitutes an offense and is committed either wholly or partly

within the state; or

(b) The conduct outside the state constitutes an attempt, as defined by this code, to

commit an offense within the state; or

within the state, and an act in furtherance of the conspiracy occurs in the state; or

(d) THE CONDUCT WITHIN THE STATE CONSTITUTES AN ATTEMPT, SOLICITATION, OR

CONSPIRACY TO COMMIT IN ANOTHER JURISDICTION AN OFFENSE PROHIBITED UNDER THE

LAWS OF THIS STATE AND SUCH OTHER JURISDICTION.

(2) Whether an offender is in or outside of the state is immaterial to the commission

of an offense based on an omission to perform a duty imposed by the law of this state THIS

ARTICLE 1.

The effect of the amending clause is that the introductory portion to subsection (1), (1)(a), and

(2) are amended, (1)(b) is repealed, and (1)(d) is added.

B.4 REPEALING EXISTING LAW

B.4.1 General Repeal Clauses

B.4.1.1 User-friendly Repeals

For a user-friendly repeal, the text of the provision is shown in strike type.

B.4.1.1.1 To Repeal a Section

SECTION 11. In Colorado Revised Statutes, repeal 25-7-120 as follows:

25-7-120. Judicial review. (1) Any final order or determination by the division

or the commission shall be subject to judicial review in accordance with the provisions of

this article and the provisions of article 4 of title 24, C.R.S.

(2) Any party may move the court to remand the case to the division or the

commission in the interests of justice for the purpose of adducing additional specified and

material evidence and findings thereon; but such party shall show reasonable grounds for

the failure to adduce such evidence previously before the division or the commission.

(3) Any proceeding for judicial review of any final order or determination of the

division or the commission shall be filed in the district court for the district in which is

located the air pollution source affected.

NOTE:

1. This form of repeal clause is used when the drafter wants the entire provision to appear in the

bill in stricken type. Under this type of clause ("repealed as follows:"), no other amendments can

be shown to other provisions of the section.

APPENDIX B

AMENDING CLAUSES B-5

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

2. User-friendly repeals are treated the same as other amending clauses and require a separate

repeal clause for each C.R.S. section number.

3. The statute subdivision designation is shown in strike type only when the entire section is

repealed. This assures the removal of each statute subdivision designation during the publication

process.

B.4.1.1.2 To Repeal Two or More Section Divisions

SECTION 12. In Colorado Revised Statutes, 12-20-103, repeal (1)(d), (1)(f), and

(1.5) as follows:

12-20-103. Debt management - licensing of companies and individuals. (1) No

individual, limited liability company, partnership, unincorporated association, or corporation

shall engage in the business of debt management in this state, as defined in section

12-20-102, without a license therefor as provided for in this article 20; except that the

following persons are not required to be licensed when engaged in the regular course of their

respective businesses and professions:

(d) Employees of licensees under this article;

(f) Nonprofit religious, fraternal, or cooperative organizations offering gratuitous

debt management service.

(1.5) Any individual, limited liability company, partnership, unincorporated

association, or corporation claiming an exemption from licensure pursuant to subsection (1)

of this section shall have the burden of proving such exemption.

NOTE:

1. The introductory portion to subsection (1) is included for user-friendly purposes and cannot

be changed under this type of clause.

2. In this example, the statute subdivision designations ((d), (f), and (1.5)) are not shown in

strike type because other portions of the section still exist, and a historical record of those statute

subdivisions being repealed is necessary in order to "track" what happened to those portions no

longer a part of the C.R.S. section.

3. If you need to make a change to the introductory portion or another part of the section, use

an amending clause that amends all provisions or use an amending clause with multiple

instructions. See section B.11 of this appendix for examples.

B.4.1.2 Straight Repeals

For a straight repeal, the text of the provision is not shown. Straight repeals cannot be combined

with any other type of instruction because the repealed statutory language isn't shown in a bill.

B.4.1.2.1 To Repeal a C.R.S. Section

SECTION 13. In Colorado Revised Statutes, repeal 13-1-101.

APPENDIX B

B-6 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

B.4.1.2.2 To Repeal a Part

SECTION 14. In Colorado Revised Statutes, repeal part 4 of article 6 of title 13.

B.4.1.2.3 To Repeal Two or More Articles

SECTION 15. In Colorado Revised Statutes, repeal articles 10 and 12 of title 18.

B.4.1.2.4 To Repeal Several Sections, Parts, or Articles

SECTION 16. In Colorado Revised Statutes, repeal 37-41-139, 37-46-112 (2)(b),

37-46-116, and 37-46-126.5.

SECTION 17. In Colorado Revised Statutes, repeal 18-1-101, 18-18-111,

22-1-102, 32-1-104, and 39-1-109.

SECTION 18. In Colorado Revised Statutes, repeal 16-11-102.5, part 3 of article

22.5 of title 17, part 10 of article 2 of title 19, 19-2-1203, 19-2-1204, and 19-2-1301 (4).

SECTION 19. In Colorado Revised Statutes, repeal part 3 of article 22.5 of title

17, article 3 of title 20, and part 4 of article 20 of title 24.

NOTE: When sections from different titles are to be repealed, all sections should be listed

numerically.

B.4.2 Future Repeals

There are two different ways to provide for the repeal of a provision in the future, but alternative

2 is the preferred method because keeping track of the future repeal is simplified by having it within

the section.

Alternative 1:

Use a straight repeal clause and include a future effective date for the repeal clause in the

effective date section.

SECTION 20. In Colorado Revised Statutes, repeal 18-5-210, part 3 of article 5

of title 18, 18-6-102, and 22-5-115.

SECTION 21. Effective date. This act takes effect July 1, 2012; except that

section 20 of this act takes effect January 1, 2013.

Repeal language will be added by revision to the provisions listed in section 20.

Alternative 2 (Preferred):

APPENDIX B

AMENDING CLAUSES B-7

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Provide for the future repeal in each section, part, or article by adding a repeal date in the

statutes. This method makes it simple to extend, shorten, or terminate the effective date of the

repeal provision.

SECTION 22. In Colorado Revised Statutes, amend 18-5-210 as follows:

18-5-210. Receiving deposits in a failing financial institution - repeal. (1) A

person commits a class 6 felony if, as an officer, manager, or other person participating in

the direction of a financial institution, he knowingly receives or permits the receipt of a

deposit or investment, knowing that the institution is insolvent. A financial institution is

insolvent within the meaning of this section when from any cause it is unable to pay its

obligations in the ordinary or usual course of business or its liabilities exceed its assets.

(2) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2025.

NOTE: In this example, the entire section must be amended in order to add a new subsection

because the original section did not have any subsections. The (1) is added by this amendment.

SECTION 23. In Colorado Revised Statutes, add 18-5-308 as follows:

18-5-308. Repeal of part. THIS PART 3 IS REPEALED, EFFECTIVE JANUARY 1, 2025.

SECTION 24. In Colorado Revised Statutes, 18-6-102, add (3) as follows:

18-6-102. Criminal abortion - repeal. (1) Any person who intentionally ends or

causes to be ended the pregnancy of a woman by any means other than justified medical

termination or birth commits criminal abortion.

(2) Criminal abortion is a class 4 felony, but if the woman dies as a result of the

criminal abortion, it is a class 2 felony.

(3) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2025.

In this example, subsections (1) and (2) are included for user-friendly drafting purposes. If you

choose not to show the entire provision, the amending clause should say add and only the new

provision is shown (Subsection (3) in the example above.)

SECTION 25. In Colorado Revised Statutes, 22-5-115, add (5) as follows:

22-5-115. Financing boards of cooperative services - repeal. (5) THIS SECTION

IS REPEALED, EFFECTIVE JANUARY 1, 2025.

B.5 ADDING NEW PROVISIONS

When a section doesn't have a subsection (1), it is necessary to amend the whole section in order

APPENDIX B

B-8 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

to "add" a subsection (2), therefore, use an "amend" instruction, rather than "add".

B.5.1 To Add a Section Division

SECTION 26. In Colorado Revised Statutes, 13-1-118, add (1)(d) as follows:

B.5.2 To Add Two or More Section Divisions

SECTION 27. In Colorado Revised Statutes, 13-1-113, add (5) and (6) as follows:

SECTION 28. In Colorado Revised Statutes, 13-1-113, add (5)(d) and (6)(c) as

follows:

B.5.3 To Add a Section to a Part or Article

A new section can be added to a part when the article is subdivided into parts or to an article

when there are no parts. A new section is added by stating the new section number - it is not

necessary to indicate whether it is being added to a part or article.

SECTION 29. In Colorado Revised Statutes, add 34-49-116 as follows:

SECTION 30. In Colorado Revised Statutes, add 34-49-318 as follows:

B.5.4 To Add a Part or Article

SECTION 31. In Colorado Revised Statutes, add part 3 to article 53 of title 38 as

follows:

NOTE: When adding a new part to an existing article, all existing references to "this article",

this article __", "article __ of this title __", or "article __ of title __" should be checked to

ascertain whether they should be changed to refer to a specific part or should be left "article",

which would then include the newly added part. This is accomplished by performing computer

checks of the statute data base.

SECTION 32. In Colorado Revised Statutes, add article 4 to title 13 as follows:

B.5.5 To Add Two or More Sections

When adding two or more sections, the sections must be in the same part or article (if there are

no parts)

SECTION 33. In Colorado Revised Statutes, add 18-1-118, 18-1-119, 18-1-120,

18-1-121, 18-1-122, 18-1-123, 18-1-124, and 18-1-125 as follows:

APPENDIX B

AMENDING CLAUSES B-9

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

When adding two or more sections, one amending clause can add more than one provision, but

the provisions must be on the same level, e.g., add two new sections, but not a new section and

a new part.

B.5.6 To Add Two or More Parts or Articles

When adding two or more parts or articles, the parts must be in the same article and articles

must be in the same title.

SECTION 34. In Colorado Revised Statutes, add parts 4 and 5 to article 53 of title

38 as follows:

SECTION 35. In Colorado Revised Statutes, add articles 3 and 4 to title 13 as

follows:

When adding two or more articles or parts, one amending clause can add more than one

provision, but the provisions must be on the same level, e.g., add two new parts or two new

articles, but not a new part and a new article.

B.6 REPEALING AND REENACTING

B.6.1 To Repeal and Reenact Two or More Section Divisions

SECTION 36. In Colorado Revised Statutes, 36-1-137, repeal and reenact, with

amendments, (1) and (2) as follows:

B.6.2 To Repeal and Reenact a Section

SECTION 37. In Colorado Revised Statutes, repeal and reenact, with amendments,

1-1-101 as follows:

B.6.3 To Repeal and Reenact a Part

SECTION 38. In Colorado Revised Statutes, repeal and reenact, with

amendments, part 2 of article 16 of title 10 as follows:

B.6.4 To Repeal and Reenact an Article

SECTION 39. In Colorado Revised Statutes, repeal and reenact, with

amendments, article 2 of title 31 as follows:

B.6.5 To Repeal and Reenact Two or More Parts or Articles

An R&RE may include two or more parts or articles, but the parts must be in the same article

APPENDIX B

B-10 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

and the articles must be in the same title.

SECTION 40. In Colorado Revised Statutes, repeal and reenact, with

amendments, parts 2 and 3 of article 16 of title 10 as follows:

SECTION 41. In Colorado Revised Statutes, repeal and reenact, with

amendments, articles 17 and 18 of title 10 as follows:

When repealing and reenacting two or more parts or articles, one amending clause can add

more than one provision, but the provisions must be on the same level, e.g. repeal and reenact

two parts or two new articles, but not a part and an article.

B.7 RECREATING AND REENACTING

B.7.1 To Recreate and Reenact a Section with Amendments

SECTION 42. In Colorado Revised Statutes, recreate and reenact, with

amendments, 12-47.1-502 as follows:

B.7.2 To Recreate and Reenact a Subsection with Amendments

SECTION 43. In Colorado Revised Statutes, 12-47.1-502, recreate and reenact,

with amendments, (3) as follows:

B.7.3 To Recreate and Reenact an Article or Part with Amendments

SECTION 44. In Colorado Revised Statutes, recreate and reenact, with

amendments, article 14 of title 1 as follows:

SECTION 45. In Colorado Revised Statutes, recreate and reenact, with

amendments, part 12 of article 4 of title 1 as follows:

B.7.4 To Recreate and Reenact Two or More Sections, Parts, or Articles

When recreating and reenacting two or more sections, parts, or articles, the sections must be in

the same part (or same article if there are no parts), parts must be in the same article, and articles

must be in the same title.

SECTION 46. In Colorado Revised Statutes, recreate and reenact, with

amendments, parts 4 and 5 of article 1.3 of title 18 as follows:

When recreating and reenacting two or more sections, parts, or articles, one amending clause

can recreate and reenact more than one provision, but the provisions must be on the same level,

e.g. recreate and reenact two parts or two articles, but not a part and an article.

APPENDIX B

AMENDING CLAUSES B-11

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

B.8 RELOCATING PROVISIONS

B.8.1 Recodifying Existing Law

When adding with relocated provisions, if the relocated provisions are also amended, the

instruction should include "amended". (See example B.8.1.2.2). If the provisions are being

relocated without amendment, do not include "amended". (See example B.8.1.2.1). Provisions

that are amended with relocated provisions do not need an additional "amended" in the

instructions. (See examples B.8.1.1.1 and B.8.1.1.2).

When a provision is relocated, in addition to the amending clause that relocates it, the bill

should also contain a repeal clause to repeal that provision. (See examples B.8.2.1 through

B.8.2.4).

See Appendix A, example A.4, for an example of a bill that contains relocated provisions.

B.8.1.1 Amend With Relocated Provisions

These clauses are used when the title, article, part, or section is being reorganized, e.g.,

subsections are moved around within a section or sections are moved around within a part or

article, but everything remains in the original larger provision.

B.8.1.1.1 To Reorganize and Amend an Entire Title, Article, Part, or Section

SECTION 47. In Colorado Revised Statutes, amend with relocated provisions

title 42 as follows:

In this example, sections, parts, and articles within title 42 can be moved around into different

sections, parts, and articles, but they still remain in title 42.

B.8.1.1.2 To Reorganize and Amend Articles or Parts Within a Single Title or

Article

When recodifying two or more parts or articles, the parts must be in the same article and the

articles must be in the same title.

SECTION 48. In Colorado Revised Statutes, amend with relocated provisions

articles 22, 23, 24, and 25 of title 40 as follows:

In this example, sections and parts in articles 22, 23, 24, and 25 can be moved around into

different sections and parts and can be moved from one article to another, but they always

remain in one of those four articles.

B.8.1.2 Add With Relocated Provisions (either with or without

APPENDIX B

B-12 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

amendments)

Used when the title, article, part, or section is being reorganized and moved to an entirely new

location, e.g., subsections are moved to different sections, sections are moved to new parts or

articles, and parts are moved to new articles.

When relocating two or more sections, parts, or articles, one amending clause can relocate more

than one provision, but the provisions must be on the same level, e.g. relocate two parts or two

articles, but not a part and an article.

B.8.1.2.1 To Relocate Multiple Sections from One Title, Article, Part, or

Section to Another Title, Article, Part, or Section

When recodifying two or more sections, parts, or articles, the new sections must be in the same

part (or same article if there are no parts), new parts must be in the same article, and new articles

must be in the same title.

SECTION 49. In Colorado Revised Statutes, add with relocated provisions

33-6-133, 33-6-134, and 33-6-135 as follows:

33-6-133. [Formerly 33-1-111] Hearings - administrative law judges. Every

hearing provided for ....

33-6-134. [Formerly 33-2-105 (4)] Endangered or threatened species. Except

as otherwise provided in this article 6, it is ....

33-6-135. [Formerly 33-5-106] Vested water rights. This article 6 shall not

operate....

In this example, sections 33-6-133, 33-6-134, and 33-6-135 are being added without change to

article 6 of title 33. They were originally located in articles 1, 2, and 5 of title 33 and will no

longer be found there.

B.8.1.2.2 Relocate Provisions from One Title, Article, Part, or Section to

Another Title, Article, Part, or Section

SECTION 50. In Colorado Revised Statutes, add with amended and relocated

provisions part 3 to article 5 of title 43 as follows:

43-5-301. [Formerly 43-5-206 (1)(c)] Obstructing highway - penalty. No person

or corporation shall erect any fence, house, or other structure, or dig pits or holes in or upon

any highway, or place thereon or cause or allow to be placed thereon any stones, timber, or

trees or any obstruction whatsoever. No person or corporation shall tear down, burn, or

otherwise damage any bridge of any highway, or cause wastewater or the water from any

ditch, road, drain, flume, agricultural crop sprinkler system, or other source to flow or fall

upon any road or highway so as to damage the same or to cause a hazard to vehicular traffic.

Any person or corporation so offending is guilty of a misdemeanor and, upon conviction

thereof, shall be punished by a fine of not less than ten dollars nor more than three hundred

APPENDIX B

AMENDING CLAUSES B-13

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

dollars COMMITS A CLASS 4 MISDEMEANOR AND SHALL BE PUNISHED AS SPECIFIED IN

SECTION 18-1.3-501, and shall also be liable to any person, unit of government, or

corporation in a civil action for any damages resulting therefrom. ...

In this example, part 3 is being added with changes to article 5 of title 43. The provisions being

added were originally located in part 2 of article 5 of title 43 and will no longer be found there.

The relocation may not include everything that was in part 2.

B.8.2 Repeals Used When Recodifying

If the drafter is not relocating all provisions within the section or sections within the part, article,

or title or the drafter is moving the section, part, article, or title to a different section, part,

article, or title, the following repeal clause is necessary.

B.8.2.1 When a Section, Part, Article, or Title Is Being Relocated to a

Different Part, Article, or Title But One or More Sections in the Part,

Article, or Title Are Not Being Relocated

SECTION 51. Repeal of relocated and nonrelocated provisions in this act. In

Colorado Revised Statutes, repeal part 1 of article 57 of title 35; except that 35-57-103 and

35-57-119 are not relocated.

NOTE: This clause is for informational purposes and any section listed will not be accounted

for in the statutes because the numerical sequence of the prior section, part, article, or title is

changed, making it impossible to account for sections not relocated.

B.8.2.2 When One or More Sections in a Part, Article, or Title Are

Relocated

SECTION 52. Repeal of relocated provisions in this act. In Colorado Revised

Statutes, repeal 35-57-105, 35-57-108, and 35-57-120.

NOTE: This type of repeal will need to be accounted for in the statutes where the section, part,

article, or title was originally contained.

B.8.2.3 When Two or More Parts, Articles, or Titles Are Relocated But

One or More Sections in the Part, Article, or Title Are Not Being

Relocated and the Parts Are in the Same Article or the Articles Are in the

Same Title

SECTION 53. Repeal of relocated and nonrelocated provisions in this act. In

Colorado Revised Statutes, repeal parts 2 and 3 of article 17 of title 24; except that

24-17-207 and 24-17-308 are not relocated.

NOTE: This clause is for informational purposes and any section listed will not be accounted

for in the statutes because the numerical sequence of the prior section, part, article, or title is

APPENDIX B

B-14 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

changed, making it impossible to account for sections not relocated.

B.8.2.4 When Two or More Parts, Articles, or Titles Are Relocated But

One or More Sections in the Part, Article, or Title Are Not Being

Relocated and the Parts Are Not in the Same Article or the Articles Are

Not in the Same Title

SECTION 54. Repeal of relocated and nonrelocated provisions in this act. In

Colorado Revised Statutes, repeal part 3 of article 3 of title 24 and part 2 of article 17 of

title 24; except that 24-3-308 and 24-17-207 are not relocated.

NOTE: This clause is for informational purposes and any section listed will not be accounted

for in the statutes because the numerical sequence of the prior section, part, article, or title is

changed, making it impossible to account for sections not relocated.

B.9 DEFINITION SECTIONS - ALPHABETIC PROVISIONS

When it is necessary to add a new definition to an existing definition section and the new

definition should come first alphabetically, there are three options:

B.9.1 Option 1 - To Strike and Relocate the Prior Subsection (1)

SECTION 53. In Colorado Revised Statutes, 32-1-802, amend (1); and add (1.5)

as follows:

32-1-802. Definitions. (1) "Board" means the board of directors of a special

district "ADULT" MEANS A PERSON EIGHTEEN YEARS OF AGE OR OLDER.

(1.5) "BOARD" MEANS THE BOARD OF DIRECTORS OF A SPECIAL DISTRICT.

B.9.2 Option 2 - To Repeal and Reenact the Entire Section

SECTION 54. In Colorado Revised Statutes, repeal and reenact, with

amendments, 18-5-201 as follows:

18-5-201. Definitions. AS USED IN SECTIONS 18-5-202 TO 18-5-204, UNLESS THE

CONTEXT OTHERWISE REQUIRES:

(1) "ADULT" MEANS A PERSON EIGHTEEN YEARS OF AGE OR OLDER.

(2) "CREDIT CARD" MEANS A WRITING OR OTHER EVIDENCE OF AN UNDERTAKING

TO PAY FOR PROPERTY OR SERVICES DELIVERED OR RENDERED TO OR UPON THE ORDER OF A

DESIGNATED PERSON OR THE BEARER.

(3) "CREDIT DEVICE" INCLUDES ANY CREDIT NUMBER, TELEPHONE NUMBER, OR

OTHER NUMBER OR DESIGNATION AND ANY LETTER, CERTIFICATE, FORM, PLATE, OR OTHER

TANGIBLE THING DESIGNED FOR USE, OR COMMONLY USED, AS A MEANS OF OBTAINING

CREDIT OR OF OBTAINING GOODS OR SERVICES ON CREDIT.

APPENDIX B

AMENDING CLAUSES B-15

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

B.9.3 Option 3 - To Amend the Entire Section and Renumber

SECTION 55. In Colorado Revised Statutes, amend 32-1-601 as follows:

32-1-601. Definitions. As used in this part 6, unless the context otherwise requires:

(1) "ADULT" MEANS A PERSON EIGHTEEN YEARS OF AGE OR OLDER.

(1) (2) "Concurring resolution" means a resolution passed in accordance with this

part 6 by the board of any special district for the purpose of accepting the consolidation

resolution.

(2) (3) "Consolidation resolution" means a resolution passed in accordance with

this part 6 by a board of any special district for the purpose of initiating the consolidation

of two or more such special districts into a single and consolidated district, the consolidation

of one or more of the services of two or more special districts, one of which is not a

metropolitan district, or the consolidation of one or more of the services of two or more

metropolitan districts.

B.10 AMENDING EXISTING LAW AND ADDING NEW PROVISIONS

B.10.1 To Amend a Section Division and Add a Section Division

SECTION 56. In Colorado Revised Statutes, 31-31-402, amend (4); and add (2.5)

as follows:

B.10.2 To Amend Two or More Section Divisions and Add One Section

Division

SECTION 57. In Colorado Revised Statutes, 28-3.1-209, amend (1) and (3)(b);

and add (3)(c) as follows:

SECTION 58. In Colorado Revised Statutes, 18-1-105, amend (6) and (7); and

add (9) as follows:

SECTION 59. In Colorado Revised Statutes, 37-87-102, amend (2)(b), (2)(c),

(3)(e), and (5); and add (2)(h) as follows:

B.10.3 To Amend One or More Section Divisions and Add Two or More

Section Divisions

SECTION 60. In Colorado Revised Statutes, 28-3.1-409, amend (2); and add (5)

and (6) as follows:

SECTION 61. In Colorado Revised Statutes, 37-87-102, amend (2); and add

(4)(h) and (6) as follows:

APPENDIX B

B-16 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

SECTION 62. In Colorado Revised Statutes, 37-87-102, amend (2)(a) and

(2)(b)(II); and add (3)(a)(IV), (4)(h), (6), and (7) as follows:

B.10.4 To Amend an Introductory Portion and One Section Division and

Add a Section Division

SECTION 63. In Colorado Revised Statutes, 11-2-119, amend (1) introductory

portion and (2); and add (6) as follows:

B.10.5 To Amend an Introductory Portion and Two or More Section

Divisions and Add Two or More Section Divisions

SECTION 64. In Colorado Revised Statutes, 42-4-1204, amend (1), (2)

introductory portion, (4)(a), and (4)(c); and add (2)(c) and (2)(d) as follows:

B.11 REPEALING PROVISIONS AND AMENDING AND/OR ADDING

PROVISIONS

B.11.1 To Amend Section Divisions While Repealing Others

SECTION 65. In Colorado Revised Statutes, 12-35-114.5, amend (1) and (2)

introductory portion; and repeal (2)(d) and (2)(h) as follows:

12-35-114.5. Licensure by credentials. (1) The board shall provide for licensure

upon application of any person licensed in good standing to practice dentistry in another

state or territory of the United States who provides the credentials and meets the

qualifications set forth in this section in the manner prescribed by the board.

(2) The board shall issue a license to an applicant licensed as a dentist in another

state or territory of the United States if said applicant has submitted credentials and

qualifications for licensure that include:

(d) Proof the applicant has not been subject to final or pending disciplinary action

by any state in which the applicant is or has been previously licensed; however, if the

applicant has been subject to disciplinary action, the board may review such disciplinary

action to determine if it warrants grounds for refusal to issue a license;

(h) Proof the applicant has met any more stringent criteria established by

the board.

NOTE: Subsection (2)(d) and (2)(h) are technically repealed but will be referred to as "deleted

by amendment" when printed in the C.R.S.

B.11.2 To Amend an Introductory Portion and One Section Division and

Repeal a Section Division

APPENDIX B

AMENDING CLAUSES B-17

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

SECTION 66. In Colorado Revised Statutes, 11-2-119, amend (1) introductory

portion and (2); and repeal (6) as follows:

B.11.3 To Repeal Section Divisions While Adding a Section Division

SECTION 67. In Colorado Revised Statutes, 37-87-102, repeal (2)(b), (2)(c),

(3)(e), and (5); and add (2)(h) as follows:

B.11.4 To Repeal a Section Division, Add Section Divisions, and Amend

a Section Division

SECTION 68. In Colorado Revised Statutes, 28-3.1-409, amend (2); repeal (3)(c);

and add (5) and (6) as follows:

B.12 REPEALING AND REENACTING PROVISIONS

B.12.1 To Repeal and Reenact Two or More Section Divisions and

Amend a Section Division

SECTION 69. In Colorado Revised Statutes, 36-1-137, amend (3); and repeal

and reenact, with amendments, (1) and (2) as follows:

B.12.2 To Repeal and Reenact Two or More Section Divisions, Amend a

Section Division, and Add a Section Division

SECTION 70. In Colorado Revised Statutes, 36-1-137, amend (3); repeal and

reenact, with amendments, (1) and (2); and add (4) as follows:

B.12.3 To Repeal and Reenact a Section Division, Amend a Section

Division, Repeal a Section Division, and Add a Section Division

SECTION 71. In Colorado Revised Statutes, 36-1-137, amend (3); repeal (1);

repeal and reenact, with amendments, (2); and add (4) as follows:

B.13 RECREATING AND REENACTING PROVISIONS

B.13.1 To Recreate and Reenact a Subsection with Amendments and

Amend Another Provision

SECTION 72. In Colorado Revised Statutes, 12-47.1-502, amend (1)(d); and

recreate and reenact, with amendments, (3) as follows:

APPENDIX B

B-18 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

B.14 AMENDING SECTIONS WITH FUTURE EFFECTIVE DATES (2

VERSIONS)

When a provision is shown in the statutes with two versions, there are editor's notes within each

provision indicating when the first version will no longer be effective or when the second version

will take effect at some future date. In order to amend either of the provisions, the amending

clause must indicate which version of the provision is being amended.

B.14.1 To Amend a Provision That Is Currently Effective (1st Version)

SECTION 73. In Colorado Revised Statutes, 1-45-108, amend as it exists until

July 1, 2013, (3.3) as follows:

1-45-108. Disclosure - definition. (3.3) [Editor's note: This version of subsection

(3.3) is effective until July 1, 2013.*] Subject to the provisions of subsection (7) of this

section, each issue committee shall register with the appropriate officer within ten calendar

days of accepting or making contributions or expenditures in excess of two hundred dollars

to support or oppose any ballot issue or ballot question. If required to register under the

requirements of this subsection (3.3), the registration of the issue committee shall include

a statement containing the items listed in paragraphs (a) to (e) of subsection (3) of this

section in connection with other committees and a political party.

*Do not include the editor's note in the bill

B.14.2 To Amend a Provision with a Future Effective Date (2nd Version)

SECTION 74. In Colorado Revised Statutes, 19-2-1602, amend as it will become

effective July 1, 2013, (3.3) as follows:

1-45-108. Disclosure - definition. (3.3) [Editor's note: This version of subsection

(3.3) is effective July 1, 2013.*] Subject to the provisions of subsection (7) of this section,

each issue committee shall register with the appropriate officer within ten calendar days of

accepting or making contributions or expenditures in excess of two hundred dollars to

support or oppose any ballot issue or ballot question or upon receipt of the notice from the

secretary of state pursuant to section 1-40-113 (1)(b). If required to register under the

requirements of this subsection (3.3), the registration of the issue committee shall include

a statement containing the items listed in paragraphs (a) to (e) of subsection (3) of this

section in connection with other committees and a political party.

*Do not include the editor's note in the bill

NOTE:

1. Examples B.14.1 and B.14.2 cannot be combined into one amending clause because different

versions of the same subsection are being amended and it would confuse the reader to include

them in the same section of a bill.

2. The intent of these amending clauses is to provide the reader an explanation for why the same

provision appears twice in a bill and are used solely for sections or parts of sections that show

APPENDIX B

AMENDING CLAUSES B-19

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

two versions of the same provision in the statutes with different effective dates. These amending

clauses make "tracking" the sections in an effective date section unnecessary because the

amending clause specifies the effective date.

3. A provision that is effective at some point in the future because a bill from a previous session

had a future effective date cannot take effect at an earlier time, and so that provision must be

accounted for either in an effective date clause at the end of the bill specifying the future

effective date for that provision or by using the samples above.

B.14.3 To Amend a Provision with a Future Effective Date and a

Provision That Doesn't Have a Future Effective Date

SECTION 75. In Colorado Revised Statutes, 19-2-1602, amend (2)(b); and amend

as it will become effective July 1, 2012, (1)(a) as follows:

B.14.4 To Amend More than One Provision with a Future Effective Date

SECTION 76. In Colorado Revised Statutes, 42-4-237, amend as they will

become effective July 1, 2013, (3)(f) and (3)(g) as follows:

B.14.5 To Repeal a Provision That Is Currently Effective and Has a

Future Repeal Date

SECTION 77. In Colorado Revised Statutes, 1-45-103, repeal as it exists until

January 1, 2013, (12) as follows:

1-45-103. Definitions. As used in this article 45, unless the context otherwise

requires:

(12) [Editor's note: This version of subsection (12) is effective until January 1,

2013.*] "Issue committee" shall have the same meaning as set forth in section 2 (10) of

article XXVIII of the state constitution.

*Do not include the editor's note in the bill

B.14.6 To Repeal a Provision with a Future Effective Date

SECTION 78. In Colorado Revised Statutes, 1-45-103, repeal as it will become

effective January 1, 2013, (12) as follows:

1-45-103. Definitions. As used in this article 45, unless the context otherwise

requires:

(12) [Editor's note: This version of subsection (12) is effective January 1,

2013.*] (a) "Issue committee" shall have the same meaning as set forth in section 2 (10) of

article XXVIII of the state constitution.

(b) For purposes of section 2 (10)(a)(I) of article XXVIII of the state constitution,

"major purpose" means support of or opposition to a ballot issue or ballot question that is

reflected by an organization's specifically identified objectives in its organizational

documents at the time it is established or as such documents are later amended.

APPENDIX B

B-20 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

*Do not include the editor's note in the bill

B.15 AMENDING BILLS FROM EARLIER IN THE SAME SESSION

If it is necessary to amend a provision from another bill, that provision cannot take effect until

the effective date of that other bill or the effective date of the current bill, whichever is later. It

may be necessary to have an effective date in the bill that states that the provision does not take

effect until a certain date or that it is contingent on the other bill passing.

B.15.1 To Amend a Section Division That Has Been Amended in a Bill

Previously Passed During the Same Session

SECTION 79. In Colorado Revised Statutes, 24-30-203.5, amend as amended by

House Bill 11-1307 (4) as follows:

B.15.2 To Amend a Section Division That Has Been Newly Enacted in a

Bill Previously Passed During the Same Session

SECTION 80. In Colorado Revised Statutes, 24-30-203.5, amend as added by

House Bill 11-1307 (5) as follows:

B.15.3 To Repeal a Section Division That Has Been Amended in a Bill

Previously Passed During the Same Session

SECTION 81. In Colorado Revised Statutes, 24-30-203.5, repeal as amended by

House Bill 11-1307 (4) as follows:

B.15.4 To Amend a Section That Has Been Amended in a Bill Previously

Passed During the Same Session

SECTION 81. In Colorado Revised Statutes, amend as amended by Senate Bill

12-089 12-22-113.5 as follows:

B.15.5 To Amend a Section That Has Been Newly Enacted in a Bill

Previously Passed During the Same Session

SECTION 82. In Colorado Revised Statutes, amend as added by House Bill

12-1009 18-1-110 as follows:

B.15.6 To Repeal a Section That Has Been Amended in a Bill Previously

Passed During the Same Session

SECTION 83. In Colorado Revised Statutes, repeal as amended by Senate Bill

12-089 12-22-113.5 as follows:

APPENDIX B

AMENDING CLAUSES B-21

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

B.15.7 To Repeal a Section That Has Been Newly Enacted in a Bill

Previously Passed During the Same Session

SECTION 84. In Colorado Revised Statutes, repeal as added by House Bill

12-1009 18-1-110 as follows:

B.15.8 To Recreate and Reenact an Article, Part, Section, or Portion of

a Section That Has Been Repealed in a Previous Bill During the Same

Session

SECTION 85. In Colorado Revised Statutes, 26-4-528, recreate and reenact,

with amendments, as repealed by House Bill 12-1167 (1)(b) as follows:

SECTION 86. In Colorado Revised Statutes, recreate and reenact, with

amendments, as repealed by House Bill 12-1167 part 2 of article 2 of title 27 as follows:

B.15.9 To Amend a Section That Has Been Amended in Two or More

Bills Previously Passed During the Same Session

SECTION 87. In Colorado Revised Statutes, amend as amended by Senate Bill

12-021 and House Bill 12-1011 18-1-101 as follows:

B.15.10 To Repeal a Section or Sections from a Bill Previously Passed

During the Same Session

Repealing sections of a bill that was passed in the same legislative session is slightly different

— start the clause with the bolded instruction and state only the bill section numbers to be

repealed and the bill number (since the bill has not yet appeared in the statutes). This will return

the language to current law as if the changes in the first bill never took place.

SECTION 88. Repeal sections 6 and 7 of House Bill 12-1001.

B.16 COMBINING INSTRUCTIONS THAT INCLUDE AMENDMENTS

TO BILLS FROM EARLIER IN THE SAME SESSION

B.16.1 To Amend a Provision That Has Been Newly Enacted in a Bill

Previously Passed During the Same Session and Add a New Provision

SECTION 89. In Colorado Revised Statutes, 22-53-107.4, amend as added by

House Bill 10-1004 (5)(d); and add (7) as follows:

NOTE: Subsection (5)(d), which was "enacted" in the earlier bill, will appear in lower case type

with current language stricken and new language in caps. Even though subsection (5)(d) has not

APPENDIX B

B-22 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

yet appeared in the statutes, it has become law.

B.16.2 To Amend Section Divisions That Have Been Newly Enacted in a

Bill Previously Passed During the Same Session, Amend Other Section

Divisions Not Amended or Enacted in a Bill Previously Passed During

the Same Session, and Add a New Provision

SECTION 90. In Colorado Revised Statutes, 22-53-107.4, amend (3) and (6);

amend as added by House Bill 10-1004 (5)(d) and (5)(e); and add (7) as follows:

B.16.3 To Amend Section Divisions That Have Been Amended in a Bill

Previously Passed During the Same Session, Amend Other Section

Divisions Not Amended or Enacted in a Bill Previously Passed During

the Same Session, and Add a New Provision

SECTION 91. In Colorado Revised Statutes, 22-53-107.4, amend (3)(a), (5)(c),

and (6)(a); amend as amended by House Bill 10-1004 (5)(d) and (6)(b); and add (7) as

follows:

B.17 CONCURRENT RESOLUTIONS

B.17.1 General Rules

See Order of Clause Instructions in section B.1.1 of this appendix.

B.17.1.1 Format of Amending Clause

In the constitution of the state of Colorado, section 12 of article IV, amend (2) as

follows:

1. Begin with "In the constitution of the state of Colorado,".

2. The concurrent resolution amending clauses use the same instructions as statutory amending

clauses and should be bolded.

3. As with statutory clauses, for provisions smaller than a constitutional section, state the section

and article numbers before the instruction.

4. End the clause with "as follows", unless it will be a straight repeal.

B.17.1.2 Guidelines for Combining Instructions in a Single Amending

Clause*

APPENDIX B

AMENDING CLAUSES B-23

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Amending

Clause

Instruction

Can you combine

this instruction

with other

instructions

within one

amending clause?

Can you combine

different

instructions

within one

amending clause

for multiple

subdivisions of a

Constitutional

section?

Can you combine

multiple

Constitutional

sections within one

amending clause?**

Can you combine

multiple

Constitutional

articles within one

amending

clause?**

Amend Yes Yes No No

Amend with

relocated

provisions

Yes Yes Yes, but sections

must be in same

article

Yes

Repeal

(user-friendly)

Yes Yes No No

Repeal (straight) No No Yes, can combine

different

subdivisions,

sections, or articles

Yes, can combine

different

subdivisions,

sections, or

articles

Repeal and

reenact, with

amendments

Yes Yes Yes, but sections

must be in same

article

Yes

Add Yes Yes Yes, but sections

must be in same

article

Yes

Add with

relocated

provisions

Yes Yes Yes, but sections

must be in same

article

Yes

Add with

amended and

relocated

provisions

Yes Yes Yes, but sections

must be in same

article

Yes

Recreate and

reenact

Yes Yes Yes, but sections

must be in same

article

Yes

* If you are unsure about whether you can combine certain provisions or instructions because

they are not reflected in the above table, see the PUB Team

** Do not combine in a single amending clause provisions that are not on the same level—for

example, do not amend a section with an article in one clause.

REMINDER: Article XIX, section 2(2) of the Colorado constitution provides that each General

Assembly, including the 1st Regular Session and the 2nd Regular Session, can propose

amendments to no more than SIX articles of the state constitution.

B.17.2 To Amend a Constitutional Section

APPENDIX B

B-24 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

In the constitution of the state of Colorado, amend section 12 of article IV as

follows:

B.17.3 To Repeal Two or More Constitutional Sections - Straight Repeal

In the constitution of the state of Colorado, repeal sections 14, 15, 17, and 21 of

article IV.

NOTE: The only time more than one section is included in the same clause is when the sections

are being repealed. A user-friendly repeal may be used as an alternative.

B.17.4 To Repeal a Constitutional Section - User Friendly

In the constitution of the state of Colorado, repeal section 3 of article V as follows:

Section 3. 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 two-thirds 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.

B.17.5 To Add a Constitutional Section

In the constitution of the state of Colorado, add section 13 to article IV as follows:

B.17.6 To Amend a Constitutional Section Division and Add a

Constitutional Section Division

In the constitution of the state of Colorado, section 49 of article V, amend (1); and

add (3) as follows:

B.17.7 To Amend Two or More Constitutional Section Divisions

In the constitution of the state of Colorado, section 9 of article XVIII, amend (1),

(4)(b), and (5)(b)(I) as follows:

APPENDIX B

AMENDING CLAUSES B-25

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

B.17.8 To Amend a Constitutional Section Division and Repeal a

Constitutional Section Division

In the constitution of the state of Colorado, section 9 of article XVIII, amend (1);

and repeal (4)(b) as follows:

B.18 SESSION LAWS

B.18.1 General Rules

See Order of Clause Instructions in section B.1.1 of this appendix.

B.18.1.1 Format of Amending Clause

In Session Laws of Colorado 2011, amend section 5 of chapter 17 as follows:

1. Begin with "In Session Laws of Colorado [year],".

2. The Session Laws use the same instructions as statutory amending clauses and should be

bolded.

3. Specify the section and chapter number as usual.

4. End the clause with "as follows", unless it will be a straight repeal.

5. Only one section from the Session Laws can be amended at a time.

B.18.1.2 Guidelines for Combining Instructions in a Single Amending

Clause*

Amending

Clause

Instruction

Can you combine

this instruction

with other

instructions within

one amending

clause?

Can you combine

different

instructions

within one

amending clause

for multiple

subdivisions of a

Session Law

section?

Can you combine

multiple Session

Law sections within

one amending

clause?

Can you combine

multiple Session

Law chapters

within one

amending clause?

Amend Yes Yes No No

Repeal

(user-friendly)

Yes Yes No No

Repeal (straight) No No Yes, but sections

must be in same

chapter

APPENDIX B

B-26 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Add Yes Yes No No

* If you are unsure about whether or not you can combine certain provisions or instructions

because they are not reflected in the above table, see the PUB Team

B.18.2 Amending Bills from Prior Sessions

B.18.2.1 To Amend a C.R.S. Section Number That Does Not Yet Appear

in the Statutes but That Does Appear in the Session Laws From a

Previous Session

SECTION 92. In Session Laws of Colorado 2012, amend 22-44-103.5, Colorado

Revised Statutes, as amended by section 1 of chapter 83, as follows:

SECTION 93. In Session Laws of Colorado 2020, First Extraordinary Session,

amend 24-32-721, Colorado Revised Statutes, as amended by section 1 of chapter 8, as

follows:

This situation would occur during a special session.

B.18.3 Amending Prior Bills with Non-C.R.S. Sections

B.18.3.1 To Amend a Section of a Bill Passed in a Prior Session and

the Section Did Not Have a C.R.S. Section Number

SECTION 94. In Session Laws of Colorado 1991, amend section 3 of chapter 24

as follows:

Section 3. El Paso county water master plan - appropriation.

NOTE:

1. An effective date section would be an example of a section without a C.R.S. section

number that may need to be amended.

2. You can only amend one section of the session laws in an amending clause.

B.18.3.2 Supplemental Appropriations

In supplemental appropriations, the bill number is included in the amending clause. It is not

included in other types of amending clauses that amend the session laws.

SECTION 95. Appropriation to the judicial department for the fiscal year

beginning July 1, 2010. In Session Laws of Colorado 2010, section 8 of chapter 405, (HB

10-1404), amend (2) as follows:

SECTION 96. Appropriation to the department of public safety for the fiscal

year beginning July 1, 2010. In Session Laws of Colorado 2010, section 2 of chapter 453,

APPENDIX B

AMENDING CLAUSES B-27

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

(HB 10-1376), amend Part XVII (1)(B) as follows:

SECTION 97. Capital construction appropriations to the department of higher

education for the fiscal year beginning July 1, 2005. In Session Laws of Colorado 2005,

section 3 of chapter 354, (SB 05-209), amend Part IV (7) and the affected totals, as the

affected totals are amended by section 5 of chapter 392 and as Part IV (7) and the affected

totals are amended by section 18 of chapter 394, Session Laws of Colorado 2006 (HB

06-1385), as the affected totals are amended by section 3 of chapter 464, Session Laws of

Colorado 2007 (SB 07-181), and as the affected totals are amended by section 1 of chapter

463, Session Laws of Colorado 2009 (SB 09-280), as follows:

B.18.3.3 To Amend a Subdivision of a Section of a Bill Passed in a

Prior Session if the Section Did Not Have a C.R.S. Section Number

SECTION 98. In Session Laws of Colorado 2010, section 9 of chapter 310, amend

(2) as follows:

Section 9. Specified effective date - applicability. (2) (a) Section 7 of this act

takes effect January 1, 2011, and applies to injuries sustained on or after January 1, 2012.

(b) SECTION 8 OF THIS ACT APPLIES TO ALL REQUESTS FOR LUMP SUM PAYMENTS,

REGARDLESS OF THE DATE OF A CLAIMANT'S INJURY.

SECTION 99. In Session Laws of Colorado 2005, section 2 of chapter 197, amend

(1)(a)(I) introductory portion, (1)(a)(I)(A), (1)(a)(I)(D), and the affected totals as follows:

*This amending clause was rewritten from section 4 of SB11-203. To see the section that

was amended, see chapter 231 of the 2011 session laws.

B.18.3.4 To Amend a Section of a Bill Passed in a Prior Session if the

Section Did Not Have a C.R.S. Section Number and if the Section Has

Also Been Previously Amended

SECTION 100. In Session Laws of Colorado 1973, amend section 25 of chapter

340, as amended by section 2 of chapter 82, Session Laws of Colorado 1974, as follows:

B.18.3.5 To Amend a Section of a Resolution or Joint Resolution That

Was Printed in the Session Laws

SECTION 101. In Session Laws of Colorado 2003, HJR 03-1012, amend (2)

introductory portion, (2)(i), and the affected totals as follows:

*This amending clause was rewritten from section 6 of SB11-203. To see the section that

was amended, see the rerevised version of that bill.

B.18.3.6 To Amend a Section of a Resolution or Joint Resolution That

Was Printed in the Session Laws if it Has Been Previously Amended

APPENDIX B

B-28 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

SECTION 102. In Session Laws of Colorado 2001, HJR 01-1022, amend (1)

introductory portion, (1)(b), and the affected totals, as amended by HJR 02-1038, Session

Laws of Colorado 2002, and as further amended by section 2 (1)(a)(II)(A) of chapter 197,

Session Laws of Colorado 2005; add (2) as follows:

*This amending clause was rewritten from section 5 of SB11-203. To see the section that

was amended, see chapter 231 of the 2011 session laws.

B.19 RULES OF THE SENATE AND THE HOUSE OF

REPRESENTATIVES AND THE JOINT RULES

B.19.1 General Rules

See Order of Clause Instructions in section B.1.1 of this appendix.

B.19.1.1 Format of Amending Clause

That in the Rules of the Senate, Rule No. 25, amend (b)(2) as follows:

1. Amending clauses for the joint session rules differ from other clauses since these clauses

must follow a standard introductory portion, thus beginning "That in the Rules of the

Senate," or "That in the Rules of the House of Representatives,".

2. The amending clauses for the House and Senate Rules use the same instructions as

statutory amending clauses and should be bolded.

3. As with statutory clauses, for provisions smaller than an entire rule, state the rule number

before the instruction. When amending entire rules, state the rule number after the

instruction.

4. End the clause with "as follows", unless it will be a straight repeal.

B.19.1.2 Guidelines for Combining Instructions in a Single Amending

Clause*

Amending Clause

Instruction

Can you combine this

instruction with other

instructions within one

amending clause?

Can you combine

different instructions

within one amending

clause for multiple

subdivisions of a Rule?

Can you combine

multiple Rules within one

amending clause?

Amend Yes Yes No

Repeal (user-friendly) Yes Yes No

Repeal (straight) No No Yes

Add Yes Yes Yes

APPENDIX B

AMENDING CLAUSES B-29

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

* If you are unsure about whether or not you can combine certain provisions or instructions

because they are not reflected in the above table, see the PUB Team

B.19.2 Rules of Either House

B.19.2.1 To Amend a Rule of Either House

That in the Rules of the Senate, Rule No. 21, amend (a)(9) as follows:

B.19.2.2 To Add a Rule to the Rules of Either House

That in the Rules of the House of Representatives, add Rule No. 45 as follows:

B.19.2.3 To Repeal a Rule of Either House

That in the Rules of the Senate, repeal Rule No. 42 as follows:

B.19.3 The Joint Rules

B.19.3.1 To Amend Two or More Joint Rule Divisions

That in the Joint Rules of the Senate and the House of Representatives, Joint Rule

No. 25, amend (a), (b), and (c) as follows:

That in the Joint Rules of the Senate and the House of Representatives, Joint Rule

No. 24, amend (b)(1)(A), (b)(1)(D), and (c) as follows:

B.19.3.2 To Amend a Joint Rule

That in the Joint Rules of the Senate and the House of Representatives, amend Joint

Rule No. 21 as follows:

B.19.3.3 To Amend a Joint Rule Division and Add a Joint Rule

Division

That in the Joint Rules of the Senate and the House of Representatives, Joint Rule

No. 23, amend (a)(1); and add (a)(4) as follows:

B.19.3.4 To Repeal a Joint Rule

That in the Joint Rules of the Senate and the House of Representatives, Joint Rule

No. 24, repeal (b)(1)(B) as follows:

B.19.3.5 To Add Two or More Joint Rules

APPENDIX B

B-30 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

That in the Joint Rules of the Senate and the House of Representatives, add Joint

Rule Nos. 25 and 26 as follows:

B.19.4 The Joint Session Rules

B.19.4.1 To Amend a Joint Session Rule

That in the Joint Session Rules of the Senate and the House of Representatives,

amend Joint Session Rule No. 1 as follows:

B.19.4.2 To Add a Joint Session Rule

That in the Joint Session Rules of the Senate and the House of Representatives, add

Joint Session Rule No. 36 as follows:

B.19.4.3 To Repeal a Joint Session Rule

That in the Joint Session Rules of the Senate and the House of Representatives,

repeal Joint Session Rule No. 33 as follows:

B.20 AGENCY RULES AND REGULATIONS

To amend or repeal an agency rule, see the rule review supervisor for instructions and

Appendix H of this manual.

APPENDIX B

AMENDING CLAUSES B-31

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

[This Page Intentionally Blank]

APPENDIX B

B-32 AMENDING CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

APPENDIX C

AMENDMENT SAMPLES

C.1 BASIC STRUCTURE

An amendment consists of a series of instructions that include or are followed by changes to

statutory text. The first instruction in an amendment identifies the version of the bill or

committee report being amended. Each instruction includes the page and line numbers of

the amendment where changes to the text of the bill or committee report are being made.

C.1.1 To Strike Current Law in an Amendment

When current law is stricken by an amendment, it cannot simply be removed from the bill

but must be replaced with strike type so that the bill, as amended, will show how the current

law is being changed. Therefore, the instruction to strike current law is followed by an

instruction to replace it the same words in strike type followed by the substitute language, if

any, in small capitals. Stricken material can be amended to unstrike the language as well:

Amend printed bill, page 1, line 8, strike "commission who shall provide for the issuance

of" and substitute "commission who shall provide for the issuance of SERVICE PROVIDERS

WHO SHALL ISSUE".

Page 9, line 7, strike "or counties," and substitute "or counties,".

Page 9, line 10, strike "annually SEMIANNUALLY" and substitute "annually".

C.1.2 To Show Formatting in an Amendment

Put text on a separate line from the amendment instruction only when adding a new

amendment instruction or when it is necessary to indicate formatting, such as a "Left Tab".

Formatting needs to be shown:

Page 2, after line 10 insert:

"(4) THIS IS AN ENTIRE SUBSECTION INSERTED AFTER A LINE.".

Formatting does not need to be shown:

Page 6, strike line 22 and substitute "MAY CONSIST OF NO MORE THAN TWENTY-FIVE EARLY

CHILDHOOD COUNCILS, INCLUDING EXISTING PILOT SITE AGENCIES WHOSE CONTRACTS ARE

RENEWED AT THE TIME OF REVIEW,".

Page 15, line 7, after "(1)(b)," insert "(2)(b)(I)(C),".

APPENDIX C

AMENDMENT SAMPLES C-1

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Page 21, line 23, before "COUNTIES" insert "CITIES OR".

C.1.3 To Add or Remove Bill Sections, C.R.S. Sections, Subsections,

Paragraphs, Subparagraphs, or Sub-subparagraphs

When a new bill section, C.R.S. section, subsection, paragraph, subparagraph, or

sub-subparagraph is added or removed from a bill, all subsequent provisions of the same

type must be renumbered. At times it may be best to renumber line by line, but in most

circumstances, a "renumber" or "reletter" instruction can be used. The renumber instruction

doesn't require a page or line number. This instruction must be repeated each time a

provision is stricken or added unless the provisions are next to each other.

Striking a bill section (SECTION 1., SECTION 2., etc):

Page 19, strike lines 4 through 13.

Renumber succeeding sections accordingly.

Striking multiple bill sections on multiple pages:

Strike page 27.

Strike pages 29 through 36.

Page 37, strike lines 1 through 3.

Renumber succeeding sections accordingly.

Adding a bill section:

Page 38, before line 1 insert:

"SECTION 25. Effective date. This act takes effect July 1, 2010.".

Renumber succeeding section accordingly.

Striking a C.R.S. section, which will remove it from the bill and keep current law:

Page 21, strike lines 6 through 15.

Renumber succeeding C.R.S. sections accordingly.

Inserting a new subsection:

Page 2, after line 10 insert:

APPENDIX C

C-2 AMENDMENT SAMPLES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

"(4) THIS IS AN ENTIRE SUBSECTION INSERTED AFTER A LINE.".

Renumber succeeding subsections accordingly.

Striking a paragraph:

Page 23, strike lines 7 through 17.

Reletter succeeding paragraphs accordingly.

Internal references to renumbered provisions must also be amended.

Page 2, line 13, strike "(4)" and substitute "(5)".C.1.4 To Strike, Strike and Substitute,

Insert, or Add

There are several ways to strike and add language in an amendment. The instruction can

specify the language to be stricken; strike everything after a word or punctuation; strike

everything through a certain word or punctuation, which would include the specified word;

or strike an entire line, multiple lines, an entire page, or multiple pages. New language can

be inserted after a specified word; new language in the bill can be stricken and replaced with

different language; and new language can be added or inserted after a specified punctuation

mark. Use the word "add" to add language at the end of a paragraph and the word "insert"

to insert language between two sentences.

Page 3, line 3, after "TWENTY" insert "DOLLARS, THE".

Page 3, line 4, strike "OR LESS THAN THIRTY-FIVE DOLLARS. THE".

Page 3, line 14, after the period add "THIS IS AN ENTIRE SENTENCE ADDED AT THE END OF

THE LAST LINE OF A PARAGRAPH.".

Page 3, line 15, strike everything after "BUT".

Page 3, line 17, strike "NINE".

Page 3, line 19, after the period insert "THIS IS ONE OR MORE SENTENCES INSERTED ON A LINE

BETWEEN TWO SENTENCES.".

Page 11, line 18, strike "ONE, TWO, THREE, FOUR, FIVE,".

Page 11, strike lines 19 through 26 and substitute "THIS IS A SUBSTITUTION FOR SEVERAL

LINES OF A BILL.".

Page 15, line 12, strike everything after the period.

Page 15, strike lines 13 and 14.

Page 15, line 15, strike everything through the period.

APPENDIX C

AMENDMENT SAMPLES C-3

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Page 19, line 17, strike "TEN".

C.1.5 To Make Multiple Separate Amendments on the Same Line

To amend two or more different provisions on the same line without striking everything in

between, separate two instructions with an "and" and separate three or more instructions

with commas and an "and" before the last instruction.

Page 23, line 21, after "ANY" insert "REASONABLE" and before the period insert "ONLY".

Page 4, line 13, strike "(5.5)(a)(I),", strike "(5.5)(b),", and strike "(18)(b)(I)"

and substitute "(18)(b)".

C.1.6 To Amend the Title

An amendment to the title should be placed at the end of an amendment. Changes to the

title should appear in bold and small capitals. If you add an appropriation or add a

substantive provision to the bill that should be identified in the trailer, or if something is

identified in the trailer and is removed from the bill, amend the title accordingly.

Page 1, line 102, strike "NUMBERS" and substitute "LETTERS".

Page 1, line 103, strike "PROGRAMS." and substitute "PROGRAMS; AND, IN CONNECTION

THEREWITH, MAKING AN APPROPRIATION.".

C.2 AMENDMENTS TO COMMITTEE OF REFERENCE REPORTS

Procedurally in the senate, a committee amendment is adopted by the committee of the

whole, and then it is amended.

Procedurally in the house, a committee amendment is offered, amended, and then adopted

by the committee of the whole. A committee report cannot be amended once it has been

adopted on the floor.

C.2.1 To Amend a Committee of Reference Amendment

To amend a committee report, specify the committee name and the date of the report as

shown on the report. On the committee report, the committee name may contain an

ampersand, but when you amend the committee report, spell out the word "and" in the

committee name. The name of the committee and the words "Committee Report" should be

initial capped.

Amend the Judiciary Committee Report, dated January 13, 2020, page 1, line 25, strike "ONE

HUNDRED TWENTY-FIVE" and substitute "SIXTY".

Page 1, line 26, strike "ONE HUNDRED".

APPENDIX C

C-4 AMENDMENT SAMPLES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Page 1, line 27, strike "TWENTY-FIVE" and substitute "SIXTY".

Page 2, line 7, strike "one hundred".

Page 2, line 8, strike "twenty-five" and substitute "one hundred twenty-five SIXTY".

Amend the Health and Human Services Committee Report, dated March 5, 2020, page 1,

line 5, strike "services" and substitute "services".

C.2.2 To Strike a Committee of Reference Amendment

To strike a committee report in the house, the sponsor must offer the amendment striking

the report before the committee report is adopted on the floor; once adopted, the report is

considered a settled question and cannot be amended or stricken. To strike a committee

report in the senate, the sponsor must offer the amendment striking the report after the

committee report is adopted on the floor.

House or senate:

Strike the Finance Committee Report, dated January 14, 2020, and substitute:

"Amend printed bill, page 1, line 5, strike "TEN" and substitute "FIVE".".

Senate only:

Strike the Finance Committee Report, dated January 14, 2020.

Amend printed bill, page 1, line 5, strike "TEN" and substitute "FIVE".

When striking more than one committee amendment, strike the most recent amendment

first.

House or senate:

Strike the Appropriations Committee Report, dated April 14, 2020, and substitute:

"Strike the Transportation and Local Government [or Transportation and Energy]

Committee Report, dated February 22, 2020, and substitute:

"Amend printed bill, page 5, line 10, after "NUMBERED" insert "YEARS".".".

Senate only:

Strike the Appropriations Committee Report, dated April 14, 2020.

Strike the Transportation and Energy Committee Report, dated February 22, 2020.

APPENDIX C

AMENDMENT SAMPLES C-5

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Amend printed bill, page 5, line 10, after "NUMBERED" insert "YEARS".

C.3 AMENDMENTS TO PROPOSED COMMITTEE AMENDMENTS

Amendments to proposed committee amendments are prepared in the same manner for

either house and are drafted for debate while the bill is in committee. The purpose of this

type of amendment is to provide committee members a means by which to debate various

aspects of long, complicated proposed committee amendments by presenting alternatives to

the language provided in the proposed amendment. The amendment number is included in

parentheses.

Amend proposed committee amendment (SB005_L.004), page 5, line 13, strike "director"

and substitute "director BOARD".

Page 6, line 3, strike "director" and substitute "director BOARD".

Page 6, line 7, strike "director" and substitute "director BOARD".

Page 6, line 18, strike "director" and substitute "director BOARD".

Page 6, line 22, strike "DIRECTOR" and substitute "BOARD".

Page 8, line 4, strike "director" and substitute "director BOARD".

Page 8, line 15, strike "director" and substitute "director BOARD OF MEDICAL EXAMINERS".

Page 9, line 4, strike "director" and substitute "director BOARD OF MEDICAL EXAMINERS".

Amend proposed committee amendment (HB1011_L.012), page 1, line 14, strike

"commissioner," and substitute "commissioner DIRECTOR,".

Page 3, strike lines 3 through 15 and substitute:

"(c) NEW LANGUAGE ADDED HERE.".

Page 3, line 17, strike "commissioner," and substitute "commissioner DIRECTOR,".

Amend proposed committee amendment (HB1013_L.015), page 2, after line 16 insert:

"Page 20 of printed bill, line 3, strike "FIVE" and substitute "SEVEN".

Page 20 of the bill, line 11, strike "FIVE" and substitute "SEVEN".".

Page 2 of the amendment, strike line 21 and substitute "YEARS.".".

APPENDIX C

C-6 AMENDMENT SAMPLES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Page 2 of the amendment, line 23, after "commissioner" insert "OF INSURANCE".

Page 3 of the amendment, after line 2 insert:

"Page 21 of the bill, after line 5 insert:

"SECTION 5. Effective date - applicability. This act takes effect July 1, 2010,

and applies to offenses committed on or after said date.".

Renumber succeeding sections accordingly.".

C.4 AMENDMENTS TO ANOTHER AMENDMENT

In an amendment to another amendment, such as a floor amendment to a committee report,

always include a reference to the document being amended each time a page number is

given. Because there is more than one document that is being amended in such an

amendment, referring to the document being amended at each amendment instruction will

increase clarity and reduce ambiguity and confusion. The first time a document is referred to

in the amendment, identify it by its full name, for example: "Amend the Public Health Care

and Human Services Committee Report" or "Page 6 of printed bill" or "Page 3 of the

Transportation and Energy Committee Report". Subsequent references to the document can

be shortened to, for example, "Page 7 of the bill" or "Page 4 of the report" unless there are

two different reports being amended, in which case the full name of each report should be

used every time. Language being amended into an existing amendment should be contained

within quotation marks.

Amend the Health and Human Services Committee Report, dated January 30, 2009 2020,

page 2, after line 2 insert:

"Page 2 of printed bill, line 2, strike "appropriate".".

Page 2 of the report, line 3, strike "appropriate,".

Page 2 of the report, line 14, after "beyond the" insert "scope of athletic training or beyond

the".

Page 2 of the report, after line 16 insert:

"Page 2 of the bill, line 13, strike "types of injuries and illnesses".

Page 2 of the bill, strike line 14.

Page 3 of the bill, line 27, strike "shall receive".

Page 4 of the bill, strike line 1.

Page 4 of the bill, line 2, strike "(13), C.R.S., and".".

APPENDIX C

AMENDMENT SAMPLES C-7

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Amend the Appropriations Committee Report, dated April 22, 2020, page 1, strike line 1 and

substitute:

"Amend the Education Committee Report, dated April 20, 2020, page 1, line 2, strike "10

and substitute:" and substitute "10.".

Page 1 of the Education report, strike lines 3 through 18.

Page 2 of the Education report, strike lines 1 through 28.

Page 4 of the Education report, strike lines 1 through 28.".

Page 3 of the Appropriations report, strike lines 20 through 25.

Page 3 of the Appropriations report, line 26, strike "(b)" and substitute "(a)".

C.5 STRIKING A PREVIOUS FLOOR AMENDMENT

A previous floor amendment may be stricken in the senate only if the bill has not been

adopted by the senate on second or third reading. A house floor amendment is considered a

settled question once it is adopted and, as with house committee of reference reports, cannot

be amended or stricken once it is adopted. To strike a house floor amendment, the

amendment to strike it would have to be offered before the floor amendment at issue was

adopted and would follow the format of the first example.

C.5.1 To Strike a Previous Floor Amendment on the Same Day in the

Senate or House

Strike the Brown floor amendment (SB100_L.002), and substitute:

"Amend printed bill, page 3, line 9, after "only" insert "OR UPON APPROVAL OF THE

DIRECTOR".".

C.5.2 To Strike a Previous Floor Amendment for a Bill, as Amended,

That Was Laid over to the next Day in the Senate and Was Not

Adopted on Second or Third Reading in the Senate

Strike the Brown amendment, No. 8 (L.030), as printed in Senate Journal, January 26, page

64, lines 51 through 56, and page 65, lines 1 through 12.

Amend printed bill, page 2, line 12, after the comma insert "WITHIN TWELVE MONTHS".

Strike the Brown amendment, No. 9 (L.032), as printed in Senate Journal, February 23, page

264, lines 51 through 56, and page 265, lines 1 through 12, and substitute:

APPENDIX C

C-8 AMENDMENT SAMPLES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

"Amend printed bill, page 2, line 12, after the comma insert "WITHIN TWELVE MONTHS".".

C.5.3 To Strike a Previous Floor Amendment for a Bill that has

Amendments Approved on Second Reading but the Bill is not yet

Adopted on Second Reading and is Referred to a Committee of

Reference or is Referred to a Committee of Reference by Motion of a

Member, as Amended, Prior to Committee of the Whole Action in the

Senate

Strike the Shaffer floor amendment, No. 2 (L.005), as printed in Senate Journal, February

22, page 327, lines 62 through 72, pages 328 through 331, and page 332, lines 1 through 10.

C.6 VARIOUS FLOOR AMENDMENTS TO BILLS OR

CONCURRENT RESOLUTIONS

Amend printed bill, page 1, line 12, after the period add "ANY MUNICIPALITY OR GROUP OF

MUNICIPALITIES MAY, IN LIEU OF ESTABLISHING SUCH A PLAN OF RETIREMENT BENEFITS, JOIN

IN A PLAN ESTABLISHED AND MAINTAINED UNDER THIS ARTICLE 50.".

Amend printed concurrent resolution, page 2, line 7, strike "or counties," and substitute "or

counties,".

Amend revised bill, page 1, line 7, strike "COMMISSIONED AND NONCOMMISSIONED

OFFICERS,".

Page 1, line 19, after "salaries," insert "FEES,".

Page 2, line 12, strike "ANNUALLY" and substitute "SEMIANNUALLY".

Page 2, line 15, strike "ANNUALLY" and substitute "SEMIANNUALLY".

Page 2, line 16, strike everything after "ANNUALLY".

Page 2, line 17, strike everything before "SALARIES".

Page 2, line 18, strike "fees. The" and substitute "fees; EXCEPT THAT the".

Amend reengrossed bill, page 2, line 3, strike "(5)" and substitute "(6)".

Page 3, line 6, strike "(5)" and substitute "(6)".

Page 4, strike "(4); repeal (6)" and substitute "(4)".

Page 4, strike lines 8 through 10.

APPENDIX C

AMENDMENT SAMPLES C-9

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

C.7 AMENDING A FLOOR AMENDMENT

House floor amendments can only be amended before the amendment is adopted. Senate

floor amendments are amended after the amendment is adopted but before the bill is

adopted.

Amend the Smith floor amendment (HB1131_L.005), page 2, line 15, ....

C.8 STRIKE EVERYTHING BELOW THE ENACTING CLAUSE

("SEBEC")

When drafting a SEBEC amendment, do not specify page or line numbers. Any amendment

to the title of the bill is made after the amendments to the body of the bill.

Amend printed bill, strike everything below the enacting clause and substitute:

"SECTION 1. In Colorado Revised Statutes, repeal article 1 of title 18.

SECTION 2. Safety clause. The general assembly hereby finds, determines, and

declares that this act is necessary for the immediate preservation of the public peace, health,

and safety.".

Page 1, line 102, strike "PENALTIES".

C.9 A SENATE AMENDMENT TO A COMMITTEE REPORT AND TO

THE BILL IN THE SAME AMENDMENT

In the Senate, it is permissible to HAVE a single amendment that amends both a committee

report and the bill. This can be done in an amendment prepared for a committee or for the

floor.

Amend the Finance Committee Report, dated January 20, 2009, page 1, line 6, strike "AN"

and substitute "A COMPLETED".

Page 1, line 11, after "register", insert "BY ENDORSEMENT".

Amend printed bill, page 4, line 12, strike "(c)" and substitute "(5)".

Page 4, line 14, strike "(5)" and substitute "(6)"."

C.10 RESOLUTIONS AND MEMORIALS

Concurrent resolutions are amended in the same manner as bills. Refer to section C.6 above.

APPENDIX C

C-10 AMENDMENT SAMPLES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

C.10.1 All Resolutions and Memorials Being Amended in the House of

Origin

The House and Senate print all resolutions and memorials like bills. All amendments should

be written to the printed resolution or memorial.

Amend printed resolution (or memorial), page 1, line 10, strike "expeditiously; and" and

substitute "expeditiously as possible; and".

Amend printed joint memorial (or joint resolution), page 3, strike line 4 and substitute "who

served his state well and faithfully.".

C.10.2 Joint Resolutions and Joint Memorials Being Amended in the

Opposite House

The house and senate prepare copies of all joint resolutions and joint memorials, including

the engrossed version if the measure was amended in the house of origin. Amendments

should be written to the "hard copy" rather than to the journal. Since resolutions and

memorials have only two readings in each house, amendments should be written to amend

the engrossed version rather than a reengrossed version of the resolution or memorial.

Amend engrossed joint resolution (or joint memorial), page 3, line 7, strike "rules and".

Page 4, after line 26 (if line 26 is the last line of the resolution or memorial) add:

"Be It Further Resolved, That a copy of this resolution (or memorial) be displayed

at an appropriate location in the Senate chamber.".

Amend engrossed joint memorial, page 2, after line 15 insert:

"WHEREAS, It is fitting that we, the members of the Colorado General Assembly,

pay tribute to a former member who served his state proudly; and".

APPENDIX C

AMENDMENT SAMPLES C-11

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

[This Page Intentionally Blank]

APPENDIX C

C-12 AMENDMENT SAMPLES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

APPENDIX D

CONFERENCE COMMITTEE REPORTS

D.1 Sample Conference Committee Reports

CLSB061.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-061

*****************************

THIS REPORT AMENDS THE

REENGROSSED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-061, concerning parole of

persons sentenced to the department of corrections, has met and reports that it has agreed

upon the following:

That the House recede from its amendments [amendment] made to the bill, as the

amendments appear [amendment appears] in the rerevised bill, and that the following

amendments [amendment] be substituted therefor:

Amend reengrossed bill, page 9, strike lines 9 through 20 and substitute:

"17-1-105.3. Duties of executive director - parole revocation options plan.

(1) THE EXECUTIVE DIRECTOR SHALL DEVELOP A PLAN SPECIFYING A RANGE OF OPTIONS

THAT THE DEPARTMENT MAY IMPLEMENT IN DEALING WITH PERSONS WHO ARE IN CUSTODY

AWAITING PAROLE REVOCATION PROCEEDINGS, PAROLEES WHOSE PAROLE HAS BEEN

REVOKED, AND PAROLEES WHO HAVE BEEN GRANTED PAROLE AND ARE AWAITING

PLACEMENT IN COMMUNITY CORRECTIONS FACILITIES. THE PLAN MAY INCLUDE

CONTRACTING FOR THE USE OF A PRIVATELY OWNED AND OPERATED FACILITY TO HOUSE

AND PROVIDE SERVICES TO THOSE PERSONS, CONTRACTING WITH COUNTY JAILS TO HOUSE

AND PROVIDE SERVICES TO THOSE PERSONS, AND ANY OTHER OPTIONS WHEREBY THE

DEPARTMENT MAY SAFELY AND EFFECTIVELY HOUSE AND PROVIDE SERVICES TO THOSE

PERSONS.

(2) THE EXECUTIVE DIRECTOR IS HEREBY DIRECTED TO SUBMIT TO THE CAPITAL

DEVELOPMENT COMMITTEE ESTABLISHED IN SECTION 2-3-1302 THE PLAN DEVELOPED

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-1

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

PURSUANT TO SUBSECTION (1) OF THIS SECTION. THE IMPLEMENTATION OF THE PLAN IS

SUBJECT TO APPROVAL BY THE CAPITAL DEVELOPMENT COMMITTEE AND SUBJECT TO

ANNUAL APPROPRIATIONS.".

Page 10, line 18, strike "misdemeanor and the final fiscal" and substitute "misdemeanor;

and".

Page 10, strike lines 19 through 21.

Respectfully submitted,

Senate Committee: House Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

D-2 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLHB1061.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99-1061

*****************************

THIS REPORT AMENDS THE

REENGROSSED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99-1061, concerning

requirements for the payment of unemployment insurance benefits, has met and reports

that it has agreed upon the following:

That the Senate recede from its amendments [amendment] made to the bill, as the

amendments appear [amendment appears] in the rerevised bill, and that the following

amendment [amendments] be substituted therefor:

Amend reengrossed bill, page 3, strike line 22 and substitute:

"(C) THE DIVISION CERTIFIES AND NOTIFIES THE EMPLOYER AND THE HEARING

OFFICER THAT NO".

Respectfully submitted,

House Committee: Senate Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-3

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLSB006.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-006

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-006, concerning payments for

continuing care, has met and reports that it has agreed upon the following:

That the Senate accede to the House amendments [amendment] made to the bill, as

the amendments appear [amendment appears] in the rerevised bill, with the following

changes:

Amend rerevised bill, page 4, line 7, strike "THE" and substitute "WITH RESPECT TO AN

ENROLLEE RETURNING TO THE LOCATION WHERE THE CONTINUING CARE SERVICES ARE TO

BE PROVIDED PURSUANT TO THIS SECTION, THE".

Page 4, strike lines 25 and 26.

Page 5, strike lines 1 through 4.

Respectfully submitted,

Senate Committee: House Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

D-4 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLSB041.002

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-041

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-041, concerning traffic

regulations relating to bicycles, has met and reports that it has agreed upon the following:

1. That the Senate accede to the House amendments [amendment] made to the bill,

as the amendments appear [amendment appears] in the rerevised bill.

2. That, under the authority granted the committee to consider matters not at issue

between the two houses, the following amendment [amendments] be recommended:

Amend rerevised bill, page 1, strike lines 2 through 9.

Page 2, strike lines 1 through 23.

Renumber succeeding sections accordingly.

Respectfully submitted,

Senate Committee: House Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

Note: In this example, all of the amendments are made under the authority to go beyond the scope of the

differences between the two houses.

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-5

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLSB039.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-039

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-039, concerning reporting of

dropout rates of students in secondary schools in the state, has met and reports that it has

agreed upon the following:

1. That the Senate accede to the House amendments [amendment] made to the bill,

as the amendments appear [amendment appears] in the rerevised bill, with the following

changes:

Amend rerevised bill, page 1, line 7, strike "leaves school for any reason," and substitute

"leaves IS THE SUBJECT OF NOTIFICATION TO A SCHOOL OR SCHOOL DISTRICT THAT THE

PERSON HAS LEFT OR WILL LEAVE school for any reason, OR THE PERSON HAS".

Page 1, line 8, strike "INCLUDING HAVING".

2. That, under the authority granted the committee to consider matters not at issue

between the two houses, the following amendment [amendments] be recommended:

Amend rerevised bill, page 2, line 22, after the period add "THE RULES MUST ALSO SET

Note: This example shows an amendment that is within the scope of the differences between the two

houses and an amendment that is outside the scope of the differences

APPENDIX D

D-6 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

FORTH UNIFORM STANDARDS FOR DETERMINING WHICH SCHOOL OR SCHOOL DISTRICT

SHALL COUNT A DROPOUT AS PART OF ITS OWN DROPOUT COUNT.".

Respectfully submitted,

Senate Committee: House Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-7

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLHB1017.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99-1017

*****************************

THIS REPORT AMENDS THE

REENGROSSED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99-1017, concerning appeals of

disputed individual responsibility contracts under the Colorado works program, has met

and reports that it has agreed upon the following:

1. That the Senate recede from its amendments [amendment] made to the bill, as

the amendments appear [amendment appears] in the rerevised bill.

2. That, under the authority granted the committee to consider matters not at issue

between the two houses, the following amendment [amendments] be recommended:

Amend reengrossed bill, page 2, line 25, strike "(a)".

Note: In this example, the conferees wanted to strike something from the reengrossed bill that had not

been amended in the second house. Therefore, the issue was beyond the scope of the differences

between the houses. The conferees decided to have the Senate recede and strike the language from

the reengrossed bill with permission to go beyond the scope.

APPENDIX D

D-8 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Page 3, strike lines 13 through 26.

Page 4, strike lines 1 and 2.

Respectfully submitted,

House Committee: Senate Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-9

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLHB1035.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99-1035

*****************************

THIS REPORT ADOPTS THE

REENGROSSED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99-1035, concerning

administrative action affecting the driving privileges of a person under twenty-one years

of age in connection with conduct involving alcohol, has met and reports that it has

agreed upon the following:

That the Senate recede from its amendments [amendment] made to the bill and that

the reengrossed bill be adopted without change.

Respectfully submitted,

House Committee: Senate Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

D-10 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLSB080.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-80

*****************************

THIS REPORT ADOPTS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-80, concerning the protection

afforded to state employees from retaliation for disclosure of information, has met and

reports that it has agreed upon the following:

That the Senate accede to the House amendments [amendment] made to the bill

and that the rerevised bill be adopted without change.

Respectfully submitted,

Senate Committee: House Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-11

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLSB426.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-426

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-426, concerning elections,

has met and reports that it has agreed upon the following:

That it is unable to reach an agreement upon the differences between the two

houses and that it asks to be discharged and that no new conference committee be

appointed.

Respectfully submitted,

Senate Committee: House Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

Note: In this example, the conferees are requesting that no new conference committee be appointed.

APPENDIX D

D-12 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLSB072.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-072

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-072, concerning requirements

for access to the primary election ballot by petition, has met and reports that it has agreed

upon the following:

That it is unable to reach an agreement upon the differences between the two

houses and that it asks to be discharged and that a second conference committee be

appointed.

Respectfully submitted,

Senate Committee: House Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

Note: In this example, the conferees are requesting appointment of a second conference committee.

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-13

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLHB1078.001

FIRST MAJORITY REPORT OF FIRST CONFERENCE

COMMITTEE ON HB99-1078

****************************

THIS REPORT AMENDS THE

REENGROSSED BILL

****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99-1078, concerning motor

vehicle repair garages, has met, and a majority thereof reports that it has agreed upon the

following:

That the Senate recede from its amendments [amendment] made to the bill, as the

amendments appear [amendment appears] in the rerevised bill, and that the following

amendment [amendments] be substituted therefor:

Amend reengrossed bill, page 1, line 7, strike "ONE HUNDRED" and substitute

"SEVENTY-FIVE".

Respectfully submitted,

House Committee: Senate Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

Note: It is a very rare occurrence for the drafter to be asked to draft a "majority report". What typically

happens is that a conference committee report is drafted that at least four members will sign and

subsequent to the preparation of the report a minority report is then requested for the other two

members.

APPENDIX D

D-14 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLSB022.001

FIRST MINORITY REPORT OF FIRST CONFERENCE

COMMITTEE ON SB99-22

****************************

THIS REPORT AMENDS THE

REREVISED BILL

****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-22, concerning the regulatory

authority of the division of securities, has met, and a minority thereof reports that it has

agreed upon the following:

1. That the Senate accede to the House amendments [amendment] made to the bill,

as the amendments appear [amendment appears] in the rerevised bill, with the following

changes:

Amend rerevised bill, page 7, strike lines 1 through 4 and substitute:

"SECTION 6. In Colorado Revised Statutes, 11-51-604, amend (4) and (5)(c);

and add (14) as follows:

11-51-604. Civil liabilities. (4) Any person who sells a security, EXCEPT FOR A

SECURITY EXEMPT PURSUANT TO SECTION 11-51-307 (1)(a) OTHER THAN A BOND AS

DEFINED IN SECTION 11-59-103 (2) THAT IS ISSUED BY A DISTRICT AS DEFINED IN SECTION

11-59-103 (6), in violation of section 11-51-501 (1)(b) (the buyer not knowing of the

untruth or omission) and who does not sustain the burden of proof that such person did

not know, and in the exercise of reasonable care could not have known, of the untruth or

omission is liable to the person buying the security from such person, who may sue to

recover the consideration paid for the security, together with interest at the statutory rate

from the date of payment, costs, and reasonable attorney fees, less the amount of any

income received on the security, upon the tender of the security, or is liable for damages

if the buyer no longer owns the security. Damages are deemed to be the amount that

would be recoverable upon a tender, less the value of the security when the buyer

disposed of it, and interest at the statutory rate from the date of disposition.

(5) (c) Any person who knows that another person liable under subsection (3) or

(4) of this section is engaged in conduct which constitutes a violation of section

11-51-501 and who gives substantial assistance to such conduct is jointly and severally

liable to the same extent as such other person.

(14) IN THE CASE OF A".

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-15

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Page 15, line 24, strike "SEVEN" and substitute "FIVE".

Page 23, after line 17 insert:

"(c) THE SECURITIES COMMISSIONER MAY, BY RULE OR ORDER, PROVIDE MEANS BY

WHICH BONDHOLDERS, AT THEIR EXPENSE, MAY COMMUNICATE WITH THE HOLDERS OF

BONDS OF THE SAME DISTRICT SO LONG AS THE CONFIDENTIALITY OF THE NAMES AND

ADDRESSES OF THE BONDHOLDERS IS PROTECTED.".

2. That, under the authority granted the committee to consider matters not at issue

between the two houses, the following amendment be recommended:

Amend rerevised bill, page 19, after line 14 insert:

"SECTION 12. In Colorado Revised Statutes, 11-51-802 add (1.5) as follows:

11-51-802. Savings provisions. (1.5) SUBSECTIONS (4) AND (5)(c) OF SECTION

11-51-604, AS THOSE SUBSECTIONS EXISTED PRIOR TO JULY 1, 1994, APPLY TO ALL SUITS,

ACTIONS, OR PROCEEDINGS THAT ARE PENDING OR MAY BE INITIATED ON THE BASIS OF

FACTS OR CIRCUMSTANCES OCCURRING PRIOR TO JULY 1, 1994; EXCEPT THAT NO CIVIL

SUIT OR ACTION MAY BE MAINTAINED TO ENFORCE ANY LIABILITY UNDER SUCH PRIOR LAW

UNLESS BROUGHT WITHIN ANY PERIOD OF LIMITATION THAT APPLIED WHEN THE CAUSE OF

ACTION ACCRUED.".

Renumber succeeding sections accordingly.

Respectfully submitted,

Senate Member: House Member:

__________________________ __________________________

APPENDIX D

D-16 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLHB1207.002

FIRST MINORITY REPORT OF FIRST

CONFERENCE COMMITTEE ON HB99-1207

*****************************

THIS REPORT ADOPTS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99-1207, concerning the

reduction of the state income tax rate, and making an appropriation in connection

therewith, has met, and a minority thereof reports that it has agreed upon the following:

That the House accede to the Senate amendments [amendment] made to the bill

and that the rerevised bill be adopted without change.

Respectfully submitted,

House Member: Senate Member:

__________________________ __________________________

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-17

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLSB028.002

SECOND REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-28

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

AND IS A CORRECTED REPORT

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-28, concerning imposition of

policies concerning student fees, has met and reports that it has agreed upon the

following:

1. That the Senate accede to the House amendments [amendment] made to the bill,

as the amendments appear [amendment appears] in the rerevised bill.

2. That, under the authority granted the committee to consider matters not at issue

between the two houses, the following amendment [amendments] be recommended:

Amend rerevised bill, page 2, line 21, after "(I)" insert "(A)".

Page 2, strike lines 24 and 25 and substitute "BOARD MAY ASSESS A USER FEE AGAINST

PERSONS USING THE AUXILIARY".

Page 3, line 2, strike "FACILITY; AND" and substitute "FACILITY.".

Page 3, strike lines 3 through 26 and substitute:

"(B) IF A GOVERNING BOARD USES REVENUES FROM A GENERAL STUDENT FEE FOR

THE REPAYMENT OF BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED PURSUANT

TO THIS SUBSECTION (5)(a), THE GOVERNING BOARD SHALL SPECIFY THE PORTION OF THE

GENERAL STUDENT FEE THAT IS ACTUALLY APPLIED TO REPAYMENT OF THE BONDS OR

OTHER DEBT OBLIGATIONS. THE ITEMIZATION OF ANY GENERAL STUDENT FEE, ALL OR A

PORTION OF WHICH IS USED FOR REPAYMENT OF BONDS OR OTHER DEBT OBLIGATIONS,

MUST APPEAR ON THE STUDENT BILLING STATEMENT.".

Note: A conference committee can only do a second report if it is a corrected report correcting a mistake

in the first report.

APPENDIX D

D-18 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Page 4, strike lines 1 through 15 and substitute:

"(II) WHILE BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED PURSUANT

TO THIS SUBSECTION (5)(a) REMAIN OUTSTANDING, THE ISSUING OR INCURRING

GOVERNING BOARD MAY, SUBJECT TO THE RESTRICTIONS SPECIFIED IN SUBSECTION (5)(c)

OF THIS SECTION, PLEDGE ANY EXCESS REVENUE RECEIVED FROM ANY USER FEE ASSESSED

PURSUANT TO SUBSECTION (5)(a)(I) OF THIS SECTION OR FROM ANY PORTION OF A

GENERAL STUDENT FEE APPLIED TO THE REPAYMENT OF SUCH BONDS OR OTHER DEBT

OBLIGATIONS PURSUANT TO SUBSECTION (5)(a)(I)(B) OF THIS SECTION TO THE REPAYMENT

OF ANY BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED ON BEHALF OF ANY

OTHER AUXILIARY FACILITY; EXCEPT THAT THE PLEDGE OF ANY SUCH EXCESS REVENUE

TERMINATES UPON FULL REPAYMENT OF THE BONDS OR OTHER DEBT OBLIGATIONS

ORIGINALLY INCURRED FOR THE SPECIFIC PROJECT, OR SUBSEQUENTLY ISSUED OR

INCURRED TO REFUND ANY BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED FOR

THE SPECIFIC PROJECT, ON BEHALF OF THE PLEDGING AUXILIARY FACILITY.".

Page 4, line 16, strike "(IV)" and substitute "(III)".

Respectfully submitted,

Senate Committee: House Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-19

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLHB1198.002

FIRST REPORT OF SECOND CONFERENCE COMMITTEE

ON HB99-1198

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your second conference committee appointed on HB99-1198, concerning the

invalidity of certain marriages, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendments [amendment] made to the bill, as

the amendments appear [amendments appear] in the rerevised bill, with the following

changes:

Amend rerevised bill, page 1, strike lines 3 through 10 and substitute "as follows:

14-2-104. Formalities. (1) A marriage between a man and a woman licensed,

solemnized, and registered as provided in this part 1 is valid in this state IF:

(a) IT IS LICENSED, SOLEMNIZED, AND REGISTERED AS PROVIDED IN THIS PART 1;

AND

(b) IT IS ONLY BETWEEN ONE MAN AND ONE WOMAN.".

Page 2, strike line 1 and substitute "MARRIAGE CONTRACTED WITHIN OR OUTSIDE THIS

STATE THAT DOES NOT SATISFY SUBSECTION (1)(b) OF THIS SECTION".

Respectfully submitted,

House Committee: Senate Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

D-20 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLHB1037.002

FIRST REPORT OF SECOND CONFERENCE COMMITTEE

ON HB99-1037

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your second conference committee appointed on HB99-1037, concerning

commissions that evaluate judicial performance, has met and reports that it has agreed

upon the following:

That the House accede to the Senate amendments [amendment] made to the bill, as the

amendments appear [amendments appear] in the rerevised bill, with the following

changes:

Amend rerevised bill, page 4, strike line 23 and substitute "SPECIFY WHEN AND HOW

STATISTICALLY INVALID SURVEYS MAY BE USED and to".

Page 8, strike line 14 and substitute "C.R.S.".

Page 8, line 22, strike "C.R.S., SUBJECT TO THE AVAILABILITY OF FUNDS." and substitute

"C.R.S.".

Page 8, strike lines 23 through 26.

Page 9, strike lines 1 and 2.

Page 9, strike line 9 and substitute "ELECTION.".

Page 9, line 12, strike "YEAR, SUBJECT TO THE" and substitute "YEAR.".

Page 9, strike line 13.

Page 10, strike lines 6 through 9 and substitute:

"SECTION 7. Transfer of funds - statement of intent. (1) Notwithstanding any

provision of section 24-21-104 (3)(b), Colorado Revised Statutes, to the contrary, on July

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-21

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

1, 1997, the state treasurer shall deduct sixteen thousand dollars ($16,000) from the

department of state cash fund and transfer such sum to the ballot information publication

and distribution revolving fund created in section 1-40-124.5 (3), Colorado Revised

Statutes.

(2) It is the intent of the general assembly that, for the fiscal year beginning July 1,

1998, printing the recommendations in the blue book as required by this act will require

an appropriation to the legislative council of fifty-six thousand dollars ($56,000). Of such

amount, forty thousand dollars ($40,000) shall come from the general fund money that

would otherwise have been appropriated to the judicial department for the fiscal year

beginning July 1, 1998, and sixteen thousand ($16,000) shall come from money

transferred to the ballot information publication and distribution revolving fund pursuant

to subsection (1) of this section.".

Respectfully submitted,

House Committee: Senate Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

D-22 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

CLHJR1017.001

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HJR99-1017

****************************

THIS REPORT AMENDS THE

ENGROSSED JOINT

RESOLUTION

****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HJR99-1017, concerning the

contributions of Continental Airlines to Colorado, has met and reports that it has agreed

upon the following:

That the Senate recede from its amendments [amendment] made to the resolution,

as the amendments appear [amendment appears] in the revised joint resolution, and that

the following amendments [amendment] be substituted therefor:

Amend engrossed resolution, page 2, line 11, strike "(1)".

Page 2, line 18, strike "Airlines; and" and substitute "Airlines.".

Page 2, strike lines 19 through 22.

Respectfully submitted,

House Committee: Senate Committee:

__________________________ __________________________

Chair Chair

__________________________ __________________________

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-23

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

D.2 Conference Committee Options for House Bills

132

STAGE OF

PROCEEDINGS

POSSIBLE ACTIONS RESULTS

1. Consideration

of Senate

amendments

HR 36;

JR 4

House concurs in amendments and

readopts bill

Bill delivered to Governor

House rejects Senate amendments and

adheres to House position

Senate recedes and readopts bill; bill

delivered to Governor

Senate adheres; bill dies

House rejects amendments and requests

conference committee ("CC")

House and Senate appoint conferrees

2. Conference

Committee

Appointed

HR 36(c)

JR 5;

JR 6(a)

Prior to consideration of CC report,

House votes to recede and readopts bill

Bill delivered to Governor

Prior to consideration of CC report,

House votes to adhere

Senate recedes and readopts bill; bill

delivered to Governor

Senate adheres; bill dies

Prior to delivery of CC report, Senate

votes to recede and readopts bill

Bill delivered to Governor

Prior to delivery of CC report, Senate

votes to adhere

House recedes and readopts bill; bill

delivered to Governor

House adheres; bill dies

Note: After one day of actual session following referral of a bill to CC, either house, by majority vote, can

demand that the CC report within 2 days after the demand (within last 5 days of session, CC must report on

same day as demand). If CC doesn't report, CC is discharged and the houses may appoint a second CC or

either house may adhere. (JR 7)

132

As an aid to reading the rules relating to conference committees, please note that in nearly all circumstances

involving House bills, the House will be the "requesting house" and the Senate will be the "assenting house".

APPENDIX D

D-24 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

STAGE OF

PROCEEDINGS

POSSIBLE ACTIONS RESULTS

3. CC Report

delivered to

Senate

HR 36(c);

JR 6(b)

Senate votes to adhere House recedes and readopts bill; bill

delivered to Governor

House adheres; bill dies

Senate votes to recede and readopts bill Bill delivered to Governor

Senate rejects the report, dissolves the

CC and appoints conferees to a 2nd CC

(note: can only have 2 CCs)

House agrees to 2nd CC and appoints

conferees (return to stage #2)

House does not agree to 2nd CC;

Senate may:

1. adhere; or

2. recede and readopt bill; or

3. reconsider rejection and adopt report

By next day of actual session, House

recedes and readopts bill; bill delivered

to Governor

Senate adopts report, readopts bill Bill delivered to House for action

4. CC Report

adopted by Senate

and delivered to

House

JR 6(c)

House votes to adhere Senate reconsiders adoption of CC

report and readoption of bill; Senate

recedes and readopts bill; bill delivered

to Governor

Senate does not reconsider adoption of

CC report; bill dies

House votes to recede and readopts bill Senate reconsiders adoption of CC

report and readoption of bill; bill

delivered to Governor

House rejects CC report and appoints

conferees to a 2nd CC

No later than next day of actual

session, Senate reconsiders adoption of

CC report and readoption of bill and

appoints conferees to a 2nd CC (return

to stage #2)

Senate does not agree to 2nd CC;

House may:

1. adhere; or

2. recede and readopt bill; or

3. reconsider rejection and adopt report

House adopts CC report and readopts

bill

Bill delivered to Governor

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-25

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

D.3 Conference Committee Options for Senate Bills

133

STAGE OF

PROCEEDINGS

POSSIBLE ACTIONS RESULTS

1. Consideration

of House

amendments

JR 4

SR 19

Senate recedes from the Senate

position, concurs in amendments, and

readopts bill

Bill delivered to Governor

Senate adheres to the Senate position House recedes and readopts bill; bill

delivered to Governor

House adheres; bill dies

Senate requests conference committee

("CC")

House and Senate appoint conferrees

2. Conference

Committee

Appointed

JR 5;

JR 6(a)

Prior to consideration of CC report,

Senate votes to recede and readopts bill

Bill delivered to Governor

Prior to consideration of CC report,

Senate votes to adhere

House recedes and readopts bill; bill

delivered to Governor

House adheres; bill dies

Prior to delivery of CC report, House

votes to recede and readopts bill

Bill delivered to Governor

Prior to delivery of CC report, House

votes to adhere

Senate recedes and readopts bill; bill

delivered to Governor

Senate adheres; bill dies

Note: After one day of actual session following referral of a bill to CC, either house, by majority vote, can

demand that the CC report within 2 days after the demand (within last 5 days of session, CC must report on

same day as demand). If CC doesn't report, CC is discharged and the houses may appoint a second CC or

either house may adhere. (JR 7)

133

As an aid to reading the rules relating to conference committees, please note that in nearly all circumstances

involving Senate bills, the Senate will be the "requesting house" and the House will be the "assenting house".

APPENDIX D

D-26 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

STAGE OF

PROCEEDINGS

POSSIBLE ACTIONS RESULTS

3. CC Report

delivered to House

JR 6(b)

House votes to adhere Senate recedes and readopts bill; bill

delivered to Governor

Senate adheres; bill dies

House votes to recede and readopts bill Bill delivered to Governor

House rejects the report, dissolves the

CC and appoints conferees to a 2nd CC

(note: can only have 2 CCs)

Senate agrees to 2nd CC and appoints

conferees (return to stage #2)

Senate does not agree to 2nd CC;

House may:

1. adhere; or

2. recede and readopt bill; or

3. reconsider rejection and adopt report

House adopts report, readopts bill Bill delivered to Senate for action

4. CC Report

adopted by House

and delivered to

Senate

JR 6(c)

Senate votes to adhere House reconsiders adoption of CC

report and readoption of bill; House

recedes and readopts bill; bill delivered

to Governor

House does not reconsider adoption of

CC report; bill dies

Senate votes to recede and readopts bill House reconsiders adoption of CC

report and readoption of bill; bill

delivered to Governor

Senate rejects CC report and appoints

conferees to a 2nd CC

No later than next day of actual

session, House reconsiders adoption of

CC report and readoption of bill and

appoints conferees to a 2nd CC (return

to stage #2)

House does not agree to 2nd CC;

Senate may:

1. adhere; or

2. recede and readopt bill; or

3. reconsider rejection and adopt report

Senate adopts CC report and readopts

bill

Bill delivered to Governor

APPENDIX D

CONFERENCE COMMITTEE REPORTS D-27

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

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APPENDIX D

D-28 CONFERENCE COMMITTEE REPORTS

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

APPENDIX E

SAMPLE APPROPRIATION

CLAUSES

The following examples of appropriation clauses are organized based on the WordPerfect

Macro used by OLLS and JBC staff for creating appropriation clauses. The first level of the

macro is organized into seven main categories, all of which include subcategories. The seven

categories consist of six types of clauses that JBC staff most commonly uses and the seventh

category includes all of the remaining clauses. The category descriptions preceding the

clauses are the same as the macro buttons, and the examples are derived from the macro.

E.1 Appropriation to Single Department - Purpose(s) Specified

E.1.1 Multiple Purposes - General Fund - Paragraph Format

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $1,401,000

is appropriated to the department of education for use by the school for the deaf and the

blind. This appropriation is from the general fund. To implement this act, the school may

use this appropriation as follows:

(a) $100,000 for personal services, which amount is based on an assumption that

the school will require an additional 3.5 FTE;

(b) $301,000 for outreach services; and

E.1.2 Multiple Purposes - Cash Fund - Paragraph Format

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $670,000 is

appropriated to the department of labor and employment. This appropriation is from the

employment support fund created in section 8-77-109 (1)(a)(I), C.R.S. To implement this

act, the department may use this appropriation as follows:

(a) $400,000 for use by the executive director's office for personal services, which

amount is based on an assumption that the office will require an additional 2.7 FTE;

(b) $166,000 for use by the division of unemployment insurance for employment

and training technology initiatives; and

E.1.3 Multiple Purposes - Column Format Synched with Long Bill

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $1,272,133

is appropriated to the judicial department. This appropriation is from the general fund and

is based on an assumption that the department will require an additional 14.2 FTE. To

implement this act, the department may use this appropriation as follows:

Trial courts

Trial court programs $700,394 (8.8 FTE)

Probation and related services

APPENDIX E

SAMPLE APPROPRIATION CLAUSES E-1

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Probation programs $152,261 (2.3 FTE)

Centrally-administered programs

Courthouse capital and infrastructure maintenance $231,126

Office of the state public defender

Personal services $184,970 (3.1 FTE)

Operating expenses $2,945

Attorney registration $437

E.1.4 Single Purpose - General Fund

SECTION X. Appropriation. For the 2021-22 state fiscal year, $26,312 is

appropriated to the department of revenue for use by the taxpayer service division. This

appropriation is from the general fund and is based on an assumption that the division will

require an additional 0.8 FTE. To implement this act, the division may use this appropriation

for personal services.

E.1.5 Single Purpose - Cash Fund

SECTION X. Appropriation. For the 2021-22 state fiscal year, $35,000 is

appropriated to the department of public health and environment for use by the hazardous

materials and waste management division. This appropriation is from the hazardous waste

service fund created in section 25-15-304, C.R.S., and is based on an assumption that the

division will require an additional 0.3 FTE. To implement this act, the division may use this

appropriation for personal services related to the hazardous waste control program.

E.1.6 Single Purpose - Multisource

SECTION X. Appropriation. For the 2021-22 state fiscal year, $18,800 is

appropriated to the department of human services for use by the division of youth services.

This appropriation consists of $9,400 from the general fund and $9,400 from the sex

offender surcharge fund created in section 18-21-103 (3), C.R.S. To implement this act, the

division may use this appropriation for juvenile sex offender staff training.

E.1.7 Multipurpose - Multisource

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $600,000 is

appropriated to the department of natural resources for use by the division of water

resources. This appropriation consists of $400,000 from the general fund and $200,000 from

the water resources cash fund created in section 37-80-111.7 (1), C.R.S. To implement this

act, the division may use this appropriation as follows:

(a) $400,000, which consists of $200,000 from general fund and $200,000 from the

water resources cash fund, for well inspection, which amount is based on an assumption that

the department will require an additional 1.7 FTE; and

(b) $200,000 from the general fund for the satellite monitoring system.

APPENDIX E

E-2 SAMPLE APPROPRIATION CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

E.2 Purpose(s) Not Specified - Line Item is a State Agency

E.2.1 General Fund

SECTION X. Appropriation. For the 2021-22 state fiscal year, $26,312 is

appropriated to the judicial department for use by the office of judicial performance

evaluation. This appropriation is from the general fund and is based on an assumption that

the department will require an additional 0.8 FTE. The office may use this appropriation to

implement this act.

E.2.2. Cash Fund

SECTION X. Appropriation. For the 2021-22 state fiscal year, $35,000 is

appropriated to the department of public health and environment. This appropriation is from

the medication administration cash fund created in section 25-1-107 (1)(ee)(VI)(A), C.R.S.,

and is based on an assumption that the department will require an additional 0.3 FTE. The

department may use this appropriation to implement this act.

E.2.3 Multisource

SECTION X. Appropriation. For the 2021-22 state fiscal year, $18,800 is

appropriated to the department of human services. This appropriation consists of $9,400

from the general fund and $9,400 from the child care licensing cash fund created in section

26-6-105 (4), C.R.S., and is based on an assumption that the department will require an

additional 0.2 FTE. The department may use this appropriation to implement this act.

E.3 Adjust Long Bill Appropriation

E.3.1 Single Line Item Reduction

E.3.1.1 General Fund

SECTION X. Appropriation - adjustments to 2021 long bill. To implement this

act, the general fund appropriation made in the annual general appropriation act for the

2021-22 state fiscal year to the department of human services for use by the office of

information technology services for microcomputer lease payments is decreased by

$174,292.

E.3.1.2 Cash Fund

SECTION X. Appropriation - adjustments to 2021 long bill. To implement this

act, the cash funds appropriation from the well inspection cash fund created in section

38-80-111.5 (1)(d), C.R.S., made in the annual general appropriation act for the 2021-22

state fiscal year to the department of natural resources for well inspection is decreased by

$98,786, and the related FTE is decreased by 1.2 FTE.

APPENDIX E

SAMPLE APPROPRIATION CLAUSES E-3

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

E.3.2 Long Bill Adjustment Only

SECTION X. Appropriation - adjustments to 2021 long bill. (1) To implement

this act, appropriations made in the annual general appropriation act for the 2021-22 state

fiscal year to the department of public health and environment for use by the water quality

division are adjusted as follows:

(a) The general fund appropriation for administration is decreased by $8,955, and

the related FTE is decreased by 0.3 FTE;

(b) The cash funds appropriation from the water quality improvement fund created

in section 25-8-608 (1.5), C.R.S., for water quality improvement is decreased by $35,722;

and

increased by $44,727, which consists of $34,700 from the general fund and $10,027 from

the drinking water cash fund created in section 25-1.5-209 (2), C.R.S., and which total

amount is based on an assumption that the division will require an additional 1.2 FTE.

E.3.3 Long Bill Adjustment and New Appropriation

SECTION X. Appropriation - adjustments to 2021 long bill. (1) To implement

this act, appropriations made in the annual general appropriation act for the 2021-22 state

fiscal year to the department of human services are adjusted as follows:

(a) The general fund appropriation for use by the office of self sufficiency for

personal services related to administration is decreased by $28,965, and the related FTE is

decreased by 1.5 FTE; and

(b) The cash funds appropriation from the adolescent substance abuse prevention

and treatment fund created in section 18-13-122 (16), C.R.S., for treatment and

detoxification programs is decreased by $37,008.

(2) For the 2021-22 state fiscal year, $27,500 is appropriated to the department of

human services for use by the division of youth services. This appropriation is from the

general fund. To implement this act, the division may use this appropriation as follows:

(a) $17,500 for personal services related to institutional programs, which amount

is based on an assumption that the division will require an additional 0.4 FTE; and

(b) $10,000 for operating expenses related to institutional programs.

E.3.4 Column Format Synched with Long Bill

SECTION X. Appropriation - adjustments to 2021 long bill. (1) To implement

this act, general fund appropriations made in the annual general appropriation act for the

2021-22 state fiscal year to the judicial department and the related FTE are increased as

follows:

Courts administration, administration and technology

General courts administration $64,211 (0.8 FTE)

Trial courts

Trial court programs $109,558 (2.3 FTE)

Court costs, jury costs, and court-appointed counsel $4,986,663

(2) To implement this act, general fund appropriations made in the annual general

appropriation act for the 2020-21 state fiscal year to the judicial department and the related

FTE are decreased as follows:

Office of the respondent parents’ counsel

APPENDIX E

E-4 SAMPLE APPROPRIATION CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

Personal services $479,386 (4.2 FTE)

Health, life, and dental $18,790

S.B. 06-235 supplemental amortization

Equalization disbursement $16,770

Operating expenses $13,113

Case management system $215,625

Training $15,000

Court-appointed counsel $4,986,663

E.3.5 Reduce the Capital Construction Appropriation and New

Appropriation

SECTION X. Capital construction appropriation - adjustments to 2021 long

bill. (1) To implement this act, the general fund appropriation made in the annual general

appropriation act for the 2021-22 state fiscal year to the controlled maintenance trust fund

created in section 24-75-302.5 (2)(a), C.R.S., is decreased by $17,000.

(2) For the 2021-22 state fiscal year, $17,000 is appropriated to the department of

revenue for use by the division of motor vehicles. This appropriation is from the general

fund. To implement this act, the division may use this appropriation for operating expenses

for driver services.

E.3.6 Long Bill Adjustment Including Change to Federal Funds

SECTION X. Appropriation - adjustments to the 2021 long bill. (1) To

implement this act, appropriations made in the annual general appropriation act for the

2021-22 state fiscal year to the department of health care policy and financing are adjusted

as follows:

(a) The general fund appropriation for medical services premiums, which is subject

to the "(M)" notation as defined in the annual general appropriation act for the same fiscal

year, is decreased by $9,084; and

(b) The cash funds appropriation for medical services premiums from the hospital

provider fee cash fund created in section 25.5-4-402.3, C.R.S., is decreased by $409.

(2) The decrease of the appropriations in subsection (1) of this section is based on

the assumption that the anticipated amount of federal funds received for the 2021-22 state

fiscal year by the department of health care policy and financing for medical services

premiums will decrease by $20,424.

E.4 Appropriation to Multiple Departments

E.4.1 Purpose(s) Specified

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $653,000 is

appropriated to the judicial department. This appropriation is from the general fund. To

implement this act, the department may use this appropriation as follows:

(a) $590,471 for trial court programs, which amount is based on an assumption that

the department will require an additional 6.0 FTE; and

(b) $62,529 for courthouse capital and infrastructure maintenance.

(2) For the 2021-22 state fiscal year, $12,112 is appropriated to the department of

APPENDIX E

SAMPLE APPROPRIATION CLAUSES E-5

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

regulatory agencies for use by the division of real estate. This appropriation is from the

conservation easement holder certification fund created in section 12-61-720 (3), C.R.S. To

implement this act, the division may use this appropriation for operating expenses.

E.4.2 Purchase Legal Services

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $190,864 is

appropriated to the department of regulatory agencies. This appropriation is from the

division of securities cash fund created in section 11-51-707 (2), C.R.S. To implement this

act, the department may use this appropriation as follows:

(a) $156,408 for use by the division of securities for personal services, which

amount is based on an assumption that the division will require an additional 0.2 FTE;

(b) $7,200 for use by the division of securities for operating expenses; and

(2) For the 2021-22 state fiscal year, $27,256 is appropriated to the department of

law. This appropriation is from reappropriated funds received from the department of

regulatory agencies under subsection (1)(c) of this section and is based on an assumption

that the department of law will require an additional 0.2 FTE. To implement this act, the

department of law may use this appropriation to provide legal services for the department

of regulatory agencies.

E.4.3 Purchase OIT services

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $755,000 is

appropriated to the department of agriculture. This appropriation is from the general fund.

To implement this act, the department may use this appropriation as follows:

(a) $734,000 for use by the conservation board for program costs, which amount

is based on an assumption that the board will require an additional 5.0 FTE; and

(b) $21,000 for the purchase of information technology services.

(2) For the 2021-22 state fiscal year, $21,000 is appropriated to the office of the

governor for use by the office of information technology. This appropriation is from

reappropriated funds received from the department of agriculture under subsection (1)(b)

of this section. To implement this act, the office may use this appropriation to provide

information technology services for the department of agriculture.

E.4.4 Purchase ALJ Services

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $190,864 is

appropriated to the department of regulatory agencies. This appropriation is from the

division of securities cash fund created in section 11-51-707 (2), C.R.S. To implement this

act, the department may use this appropriation as follows:

(a) $168,438 for use by the division of securities for personal services, which

amount is based on an assumption that the division will require an additional 4.0 FTE;

(b) $7,200 for use by the division of securities for operating expenses; and

(2) For the 2021-22 state fiscal year, $15,226 is appropriated to the department of

personnel for use by the office of administrative courts. This appropriation is from

reappropriated funds received from the department of regulatory agencies under subsection

(1)(c) of this section and is based on an assumption that the office will require an additional

0.1 FTE. To implement this act, the office may use this appropriation to provide

APPENDIX E

E-6 SAMPLE APPROPRIATION CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

administrative law judge services for the department of regulatory agencies.

E.4.5. Purchase Document Management Services

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $48,777 is

appropriated to the department of revenue. This appropriation is from the general fund. To

implement this act, the department may use this appropriation as follows:

(a) $47,677 for tax administration IT system (GenTax) support; and

(b) $1,200 for document management.

(2) For the 2021-22 state fiscal year, $1,200 is appropriated to the department of

personnel. This appropriation is from reappropriated funds received from the department of

revenue under subsection (1)(b) of this section. To implement this act, the department of

personnel may use this appropriation to provide document management services for the

department of revenue.

E.4.6. Purchase Criminal History Record Checks

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $920,955 is

appropriated to the department of revenue. This appropriation is from marijuana cash fund

created in section 12-43.3-501 (1)(a), C.R.S. To implement this act, the department may use

this appropriation as follows:

(a) $900,709 for marijuana enforcement, which amount is based on an assumption

that the department will require an additional 9.8 FTE;

(b) $4,950 for vehicle lease payments; and

(2) For the 2021-22 state fiscal year, $15,296 is appropriated to the department of

public safety for use by the biometric identification and records unit. This appropriation is

from reappropriated funds received from the department of revenue under subsection (1)(c)

of this section. To implement this act, the unit may use this appropriation to provide

criminal history record checks for the department of revenue.

E.5 Five-year Statutory Corrections Appropriation

E.5.1 Placeholder Provision

SECTION X. Potential appropriation. Pursuant to section 2-2-703, C.R.S., any

bill that results in a net increase in periods of imprisonment in the state correctional facilities

must include an appropriation of money that is sufficient to cover any increased capital

construction, any operational costs, and increased parole costs that are the result of the bill

for the department of corrections in each of the first five years following the effective date

of the bill. Because this act may increase periods of imprisonment, this act may require a

five-year appropriation.

E.5.2 5-Year Appropriation Language - Capital Construction

17-18-129. Appropriation to comply with section 2-2-703 - HB 21-1212 - repeal.

(1) Pursuant to section 2-2-703, the following statutory appropriations are made in order

APPENDIX E

SAMPLE APPROPRIATION CLAUSES E-7

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

to implement House Bill 21-1212, enacted in 2021:

(a) For the 2021-22 state fiscal year, one hundred thousand dollars is appropriated

from the capital construction fund created in section 24-75-302 to the corrections expansion

reserve fund created in section 17-1-116.

(b) (I) For the 2022-23 state fiscal year, one hundred thousand dollars is

appropriated from the capital construction fund created in section 24-75-302 to the

corrections expansion reserve fund created in section 17-1-116.

(II) For the 2022-23 state fiscal year, fifty thousand dollars is appropriated to the

department from the general fund.

the capital construction fund created in section 24-75-302 to the corrections expansion

reserve fund created in section 17-1-116.

(II) For the 2023-24 state fiscal year, twenty-five thousand dollars is appropriated

to the department from the general fund.

(d) (I) For the 2024-25 state fiscal year, twenty-five thousand dollars is

appropriated from the capital construction fund created in section 24-75-302 to the

corrections expansion reserve fund created in section 17-1-116.

(II) For the 2024-25 state fiscal year, eighteen thousand dollars is appropriated to

the department from the general fund.

(e) (I) For the 2025-26 state fiscal year, eighteen thousand dollars is appropriated

from the capital construction fund created in section 24-75-302 to the corrections expansion

reserve fund created in section 17-1-116.

(II) For the 2025-26 state fiscal year, eleven thousand dollars is appropriated to the

department from the general fund.

(2) This section is repealed, effective July 1, 2026.

SECTION X. In Colorado Revised Statutes, 24-75-302, add (2)(mm), (2)(nn),

(2)(oo), (2)(pp), and (2)(qq) as follows:

24-75-302. Capital construction fund - capital assessment fees - calculation -

information technology capital account - repeal. (2) The controller shall transfer a sum

as specified in this subsection (2) from the general fund to the capital construction fund as

moneys become available in the general fund during the fiscal year beginning on July 1 of

the fiscal year in which the transfer is made. Transfers between funds pursuant to this

subsection (2) are not appropriations subject to the limitations of section 24-75-201.1. The

amounts transferred pursuant to this subsection (2) are as follows:

(mm) For the 2021-22 fiscal year, one hundred twenty-five thousand one hundred

sixty-five dollars pursuant to H.B. 21-1212, enacted in 2021;

(nn) For the 2022-23 fiscal year, one hundred twenty-five thousand one hundred

sixty-five dollars pursuant to H.B. 21-1212, enacted in 2021;

(oo) For the 2023-24 fiscal year, one hundred twenty-five thousand one hundred

sixty-five dollars pursuant to H.B. 21-1212, enacted in 2021;

(pp) For the 2024-25 fiscal year, one hundred twenty-five thousand one hundred

sixty-five dollars pursuant to H.B. 21-1212, enacted in 2021;

(qq) For the 2025-26 fiscal year, one hundred twenty-five thousand one hundred

sixty-five dollars pursuant to H.B. 21-1212, enacted in 2021;

E.5.3 5-year Appropriation Language - No Capital Construction

17-18-129. Appropriation to comply with section 2-2-703 - HB 21-1189 - repeal.

(1) Pursuant to section 2-2-703, the following statutory appropriations are made in order

to implement House Bill 21-1189, enacted in 2021:

APPENDIX E

E-8 SAMPLE APPROPRIATION CLAUSES

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

(a) For the 2021-22 state fiscal year, four hundred eighty-five thousand dollars is

appropriated to the department from the general fund;

(b) For the 2022-23 state fiscal year, five hundred sixty thousand four hundred

dollars is appropriated to the department from the general fund;

(d) For the 2024-25 state fiscal year, one million one hundred thousand dollars is

appropriated to the department from the general fund; and

(e) For the 2025-26 state fiscal year, one million two hundred twenty-two thousand

dollars is appropriated to the department from the general fund.

(2) This section is repealed, effective July 1, 2026.

E.5.4 Exception to Regular 5-year Appropriation Language

SECTION X. Exception to the requirements of section 2-2-703, C.R.S. The

general assembly hereby finds that the amendments to section 18-5.5-102, C.R.S., enacted

in section 2 of this act will result in the minor fiscal impact of one additional offender being

convicted and sentenced to the department of corrections during the five years following the

effective date of this act. Because of the relative insignificance of this degree of fiscal

impact, these amendments are an exception to the five-year appropriation requirements

specified in section 2-2-703, C.R.S.

E.6 Federal Funds

E.6.1 Only Federal Funds

SECTION X. Federal funds. For the 2021-22 state fiscal year, the general

assembly anticipates that the department of education will receive $52,000 in federal funds

to implement this act. This figure is subject to the "(I)" notation as defined in the annual

general appropriation act for the same fiscal year.

E.6.2 Single State Fund and Federal Funds - Single Purpose - No (M)

Notation

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $19,679 is

appropriated to the department of human services for use by the office of behavioral health.

This appropriation is from the general fund and is based on an assumption that the

department of human services will require an additional ____ FTE. To implement this act,

the department of human services may use this appropriation for _____.

(2) For the 2021-22 state fiscal year, the general assembly anticipates that the

department of human services will receive $271,111 in federal funds for ______ to

implement this act. The appropriation in subsection (1) of this section is based on the

assumption that the department will receive this amount of federal funds, which is subject

to the "(I)" notation as defined in the annual general appropriation act for the same fiscal

year.

APPENDIX E

SAMPLE APPROPRIATION CLAUSES E-9

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

E.6.3 Multiple State Funds and Federal Funds - Single Purpose - (M)

Notation

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $1,043,774

is appropriated to the department of health care policy and financing. This appropriation

consists of $1,025,567 from the general fund, which is subject to the "(M)" notation as

defined in the general appropriation act for the same fiscal year, and $18,207 from the

healthcare affordability and sustainability fee cash fund created in section 25.5-4-402.4 (5),

C.R.S. To implement this act, the department may use this appropriation for medical

services premiums.

(2) For the 2021-22 state fiscal year, the general assembly anticipates that the

department of human services will receive $1,167,747 in federal funds for medical services

premiums to implement this act. The appropriation in subsection (1) of this section is based

on the assumption that the department will receive this amount of federal funds.

E.6.4 State Fund and Federal Funds - HCPF - Multiple Purposes - (M)

Notation

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $31,008 is

appropriated to the department of health care policy and financing for use by the executive

director's office. This appropriation is from the general fund. To implement this act, the

office may use this appropriation as follows:

(a) $27,382 for personal services, which amount is based on an assumption that the

office will require an additional 0.9 FTE;

(b) $2,826 for operating expenses; and

which amount is subject to the "(M)" notation as defined in the annual general appropriation

act for the same fiscal year.

(2) For the 2021-22 state fiscal year, the general assembly anticipates that the

department of health care policy and financing will receive $37,408 in federal funds to

implement this act. The appropriation in subsection (1) of this section is based on the

assumption that the department will receive this amount of federal funds to be used as

follows:

(a) $27,381 for personal services;

(b) $2,827 for operating expenses; and

E.6.5 State Fund and Federal Funds - HCPF - Multiple Purposes - No

(M) Notation

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $138,787 is

appropriated to the department of health care policy and financing for use by the executive

director's office. This appropriation is from the intellectual and developmental disabilities

services cash fund created in section 25.5-10-207 (1), C.R.S. To implement this act, the

office may use this appropriation as follows:

(a) $58,134 for personal services, which amount is based on an assumption that the

office will require an additional 1.8 FTE;

(b) $5,653 for operating expenses; and

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(2) For the 2021-22 state fiscal year, the general assembly anticipates that the

department of health care policy and financing will receive $138,786 in federal funds to

implement this act, which amount is subject to the "(I)" notation as defined in the annual

general appropriation act for the same fiscal year. The appropriation in subsection (1) of this

section is based on the assumption that the department will receive this amount of federal

funds to be used as follows:

(a) $58,133 for personal services;

(b) $5,653 for operating expenses; and

E.7 Additional Clauses

E.7.1 No Appropriation

SECTION X. No appropriation. The general assembly has determined that this

act can be implemented within existing appropriations, and therefore no separate

appropriation of state money is necessary to carry out the purposes of this act.

E.7.2 Appropriation to Legislative Department

E.7.2.1 Single Agency

SECTION X. Appropriation. For the 2021-22 state fiscal year, $18,414 is

appropriated to the legislative department for use by the legislative council staff. This

appropriation is from the general fund and is based on an assumption that legislative council

staff will require an additional 0.3 FTE. To implement this act, legislative council staff may

use this appropriation to prepare fiscal impact statements.

E.7.2.2 Multiple Agencies

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $9,587 is

appropriated to the legislative department. This appropriation is from the general fund. To

implement this act, the department may use this appropriation as follows:

(a) $5,627 for use by the legislative council staff, which amount is based on an

assumption that legislative council staff will require an additional 0.1 FTE; and

(b) $3,960 for use by general assembly.

E.7.2.3 Reduction to Legislative Appropriation Bill

SECTION X. Appropriation - adjustments to 2021 legislative appropriation

bill. To implement this act, the general fund appropriation made in the annual legislative

appropriation act (Senate Bill 21-999) for the 2021-22 state fiscal year to the legislative

department for use by the legislative service agency is decreased by $52,000, and the related

FTE is decreased by 0.5 FTE.

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E.7.3 Capital Construction Appropriations

E.7.3.1 For Capital Construction

SECTION X. Capital construction appropriation. For the 2021-22 state fiscal

year, $730,510 is appropriated to the department of human services for use by the regional

centers for people with developmental disabilities. This appropriation is from the regional

center depreciation account within the capital construction fund created in section 24-75-302

(3.7)(a), C.R.S. To implement this act, the regional centers may use this appropriation for

capital construction related to the Kipling Village security perimeter fence.

E.7.3.2 For Controlled Maintenance

SECTION X. Capital construction appropriation. For the 2021-22 state fiscal

year, $594,750 is appropriated to the department of human services for use by the regional

centers for people with developmental disabilities. This appropriation is from the regional

center depreciation account within the capital construction fund created in section 24-75-302

(3.7)(a), C.R.S. To implement this act, the regional centers for people with developmental

disabilities may use this appropriation for controlled maintenance related to the installation

of heat-detection fire alarm systems.

E.7.4 Current Year Appropriation with "Roll-forward" Authorization

SECTION X. Appropriation. For the 2021-22 state fiscal year, $1,000,000 is

appropriated to the department of agriculture for use by the state conservation board. This

appropriation is from the general fund. To implement this act, the board may use this

appropriation for distributions to soil conservation districts. Any money appropriated in this

section not expended prior to July 1, 2021, is further appropriated to the board for the

2021-22 state fiscal year for the same purpose.

E.7.5 Release of Overexpenditure

SECTION X. Appropriation to the department of health care policy and

financing for the 2012-13 state fiscal year. (1) For the 2012-13 state fiscal year,

$5,896,130 is appropriated to the department of health care policy and financing. This

appropriation consists of $5,433,269 from the general fund and $462,861 from the Medicaid

nursing facility cash fund created in section 25.5-6-203 (2)(a), C.R.S., and is for the payment

of overexpenditures of line item appropriations contained in Part V of section 2 of chapter

305 (HB 12-1335), Session Laws of Colorado 2012, as amended by section 1 of chapter 422

(SB 13-089), Session Laws of Colorado 2013, and by section 10 of chapter 441 (SB

13-230), Session Laws of Colorado 2013, as follows:

(a) $5,290,984 from the general fund for medical service premiums;

(b) $462,861 from the Medicaid nursing facility cash fund for medical service

premiums; and

payments.

(2) In accordance with section 24-75-109 (4)(a), C.R.S., all restrictions on funds

for the 2013-14 state fiscal year for the amounts and items of appropriation listed in this

section are released.

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E.7.6 Appropriation from General Fund Exempt Account

SECTION X. Appropriation. For the 2021-22 state fiscal year, $26,132 is

appropriated to the department of education. This appropriation is from the general fund

exempt account created in section 24-77-103.6 (2), C.R.S. To implement this act, the

department may use this appropriation for the state share of districts’ total program funding.

E.7.7 Bill Funded from General Fund Savings in Other Bill

SECTION X. Appropriation - derived from savings. (1) For the 2021-22 state

fiscal year, $48,000 is appropriated to the department of revenue for use by the taxpayer

service division. This appropriation is from the general fund and is based on an assumption

that the division will require an additional 0.8 FTE. To implement this act, the division may

use this appropriation for personal services.

(2) The appropriation made in subsection (1) of this section derives from savings

generated from the implementation of the provisions of Senate Bill 21-123, enacted in 2021.

SECTION Y. Effective date. (1) Except as specified in subsection (2) of this

section, this act takes effect September 1, 2021.

(2) This act takes effect only if:

(a) The net reduction in the appropriation from the general fund made in Senate Bill

21-123 is equal to or greater than the amount of the general fund appropriation made in

subsection (1) of section X of this act;

(b) Senate Bill 21-123 is enacted and becomes law; and

revisor of statutes no later than July 1, 2021, that the requirement set forth in subsection

(2)(a) of this section has been met.

E.7.8. Appropriation to CBI for Criminal History Record Checks

SECTION X. Appropriation. For the 2021-22 state fiscal year, $25,396 is

appropriated to the department of public safety for use by the biometric identification and

records unit. This appropriation is from the Colorado bureau of investigation identification

unit fund created in section 24-33.5-426, C.R.S. To implement this act, the unit may use this

appropriation for criminal history record checks.

E.7.9 Transfer of Appropriation from Long Bill

E.7.9.1 Specified Dollar Amount

SECTION X. Transfer of appropriation. (1) For the 2021-22 state fiscal year,

$115,018 of the appropriation made in the annual general appropriation act for the state

fiscal year from the general fund to the department of local affairs for use by the division

of housing for affordable housing program costs is transferred to the department of human

services for use by the office of self sufficiency. It is assumed that the office will require 2.4

of the FTE related to the department of local affair's appropriation. The office may use this

appropriation to implement this act.

(2) For the 2021-22 state fiscal year, $18,108 of the appropriation made in the

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annual general appropriation act for the state fiscal year from the housing development grant

fund created in section 24-32-721 (1), C.R.S., to the department of local affairs for use by

the division of housing for affordable housing program costs is transferred to the department

of human services for use by the office of self sufficiency. It is assumed that the office will

require all of the FTE related to the department of local affair's appropriation. The office

may use this appropriation to implement this act.

E.7.9.2 Unspecified Dollar Amount

SECTION X. Transfer of appropriation. Any appropriation made in the annual

general appropriation act for the 2021-22 state fiscal year to the department of public health

and environment for the oil and gas consultation program is hereby transferred to the

department of labor and employment to implement this act. It is assumed that the department

of labor and employment will require all of the FTE related to the department of public

health and environment's appropriation.

E.7.10 Contingent Appropriation

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $15,000 is

appropriated to the department of transportation. This appropriation is from the highway

users tax fund created in section 43-4-201, C.R.S. The department may use this

appropriation to implement this act.

(2) The money appropriated by this section becomes available upon the governor's

entering into an agreement on behalf of the state pursuant to section 24-60-2402, C.R.S.

E.7.11 General Fund to Cash Fund

E.7.11.1 Without Associated Spending Authority

SECTION X. Appropriation. For the 2021-22 state fiscal year, $1,000,000 is

appropriated to the lead school grant program fund created in section 22-36-107 (1), C.R.S.

This appropriation is from the general fund. The department of education is responsible for

the accounting related to this appropriation.

E.7.11.2 With Associated Spending Authority

SECTION X. Appropriation. (1) For the 2021-22 state fiscal year, $1,000,000

is appropriated to the lead school grant program fund created in section 22-36-107 (1),

C.R.S. This appropriation is from the general fund. The department of education is

responsible for the accounting related to this appropriation.

(2) For the 2021-22 state fiscal year, $1,000,000 is appropriated to the department

of education. This appropriation is from reappropriated funds in the lead school grant

program fund under subsection (1) of this section. To implement this act, the department

may use the appropriation as follows:

(a) $200,000 for costs incurred in administering the program, which amount is

based on an assumption that the department will require an additional 2.0 FTE;

(b) $600,000 for grants to school districts with enrollments of 250,000 or more; and

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E.7.12 TANF Funds

SECTION X. Appropriation. For the 2021-22 state fiscal year, $561,050 is

appropriated to the department of human services. This appropriation is from federal

temporary assistance for needy families block grant funds. To implement this act, the

department may use the appropriation for Colorado works program county block grants.

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APPENDIX F

MATERIALS RELATING TO BILL DRAFTING

F.1. Bill Titles and Related Topics

F.1.1 Memo Excerpt

134

- Bills to Contain One Subject

Summary

This memorandum deals with two sections of article V of the Colorado Constitution. Section 21

requires that a bill treat only one subject and that the subject be clearly expressed in the title of the

bill. Section 17 forbids amendments to a bill which would change its original purpose.

The policy behind the one-subject rule is twofold: First, to discourage the practice of combining

unrelated measures in one bill in order to enlist the supporters of each measure and thereby form a

majority; and second, to facilitate the orderly conduct of legislative business. The purpose of

requiring that the subject of a bill be expressed in its title is to make legislators and the public aware

of the contents of proposed legislation. Finally, the prohibition against changing the original

purpose of a bill seeks to assure that unrelated subjects are not substituted or added at a point late in

the legislative process, thus affording proper consideration of all legislative proposals. These policies

were thought to be sufficiently important that their violation was made to result in an invalid statute

and a disappointing misapplication of the legislature's time.

The Colorado Supreme Court's interpretations of these rules suggest that legislators and draftsmen

should keep in mind the following propositions, as well as the policies which underlie the

constitutional rules:

(1) Broad, general titles of bills are the safest from a constitutional standpoint, since a general title is

most likely to encompass every matter treated in the bill. An enumeration of the provisions of the

bill is neither necessary nor desirable, since anything germane to the general subject stated in the

title may be included in the bill.

(2) Broad, general titles have the disadvantage of allowing amendments which may jeopardize the

passage of the bill or are unrelated to its sponsor's aims. Careful draftsmanship can often provide a

narrow, specific title to avoid this problem, although a narrow title could conceivably foreclose

amendments which the sponsor subsequently found desirable.

(3) Titles may be amended in the legislative process to cover the original purpose of a bill as

extended by amendments. Indeed, the rule which requires that the title reflect the contents of the bill

may demand amendments to a title in some cases.

134

This excerpt is Part I of a memorandum written by Rebecca C. Lennahan in 1971 concerning the

one-subject and original purpose rules found in the state Constitution for bills and bill titles. No effort has been

made to update any part of the memo -- the case law it cites goes only through 1971. Please note: Part II of the

memo, Compilation of Colorado Cases and Opinions, can be accessed via the web.

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(4) The "subject" of a bill and its "original purpose" are similar concepts. An amendment which

alters the original purpose of a bill may well cause the bill to embrace two subjects.

(5) The subject of a bill whose title refers to the amendment or repeal of a named section of the

statutes is determined by looking at the subject of the section named and analyzing the effect of the

amendment or repeal provision. The reference to a specific section thus defines and limits the

subject of the bill only indirectly, and the naming of the section treated does not necessarily

foreclose amendments to other statutory sections which treat the same subject.

(6) The general appropriations bill must treat only "appropriations", and other appropriations must

be made by separate bills which embrace only one subject. However, an appropriation may be

included in any bill if it is germane to the single subject of that bill and is necessary to effectuate its

purpose.

Since almost every legislator and legislative staff member is occasionally faced with a problem

involving the application of these constitutional rules, it is useful to be acquainted with their

background and the way they have been applied to past problems. This memorandum is divided

into two parts. Part I contains a narrative discussion and analysis of the rules, the policies which

they seek to effect, and the manner in which they are applied. The footnotes to the text may be

found following Part I. Part II consists of synopses of the important Colorado interpretations of the

constitutional rules. It is hoped that these materials will prove helpful in dealing with future

situations involving this kind of constitutional problem.

PART I

Discussion

Introduction

To minimize the possibility that a Colorado statute will be held unconstitutional because of errors in

drafting or amending, legislators and those who work with the legislature should give some

attention to the requirements of two sections of article V of the Colorado Constitution.

Section 21 requires that:

(1) No bill may concern more than one general subject (the "one-subject rule"); and

(2) The general subject of a bill must be clearly expressed in its title (the "descriptive title rule").

Section 17 prohibits any amendment of a bill which changes its original purpose (the "original

purpose rule").

A violation of these rules will result in the objectionable portion of the statute's being declared void.

Although these rules may seem to be simply matters of form, they represent important substantive

policies. To avoid the waste of legislative effort which would result from a successful constitutional

challenge on the basis of article V, section 21, bills should be carefully conceived and drafted, with

due regard for the prohibition of more than one subject and the need for descriptive titles. Moreover,

care should be taken throughout the legislative process to assure that a bill which was in proper form

as introduced is not invalidated by an amendment which changes its original purpose.

A. Section 21 - One-subject rule and descriptive title rule.

Section 21 of article V of the Colorado constitution provides:

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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.

The Supreme Court of Colorado has held that this section is not simply a recommendation to the

legislature but is a command which if disregarded will result in all or part of the subsequent statute's

being of no effect.

135

Similar constitutional requirements exist in thirty-eight other states.

136

Only North Carolina and the

six New England states have no such restrictions. New York and Wisconsin have a one-subject rule

which applies only to private and local laws, and the Arkansas and Mississippi provisions apply

only to appropriation bills. The federal constitution has no similar requirement; however, the U.S.

House of Representatives has a rule which provides that "No motion or proposition on a subject

different from that under consideration shall be admitted under color of amendment."

Article V, section 21, consists of two separate but related requirements. For purposes of analysis,

they will be discussed separately. First, there is the requirement that each bill shall embrace but one

subject. The purpose of this provision was discussed by the Colorado Supreme Court in the case of

Catron v. Co. Commissioners, decided in 1893:

"The practice of putting together in one bill subjects having no necessary or proper

connection, for the purpose of enlisting in support of such bill the advocates of each

measure, and thus securing the enactment of measures that could not be carried

upon their merits, was undoubtedly one of the evils sought to be eradicated."

137

More bluntly stated, one purpose of the one-subject rule is to discourage the practice of logrolling. It

is argued that the rule serves this purpose only partially and indirectly, since it does not prevent the

practice of logrolling by creating a coalition to support a group of bills, each of which treats a single

subject. However, the one-subject rule appears to make logrolling more difficult insofar as the effort

required to pass a series of bills is greater than that required to get a single omnibus bill passed.

138

A second purpose of the one-subject rule is to facilitate orderly legislative procedure. If each bill

treats only one subject, debate can be limited to the matter at hand without introducing extraneous

issues; furthermore, each bill can be more easily grasped and more intelligently discussed.

139

The one-subject requirement pertains to the substance of a bill and, strictly speaking, has no bearing

on the way in which the title of the bill is drafted. If the substantive provisions of a bill can be said to

135

In re Breene, 14 Colo. 401, 24 P. 3 (1890).

136

Alabama, Alaska, Arizona, California, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana,

Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada,

New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota,

Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming.

137

18 Colo. 553, at 557, 33 P. 513 at 514. See also the discussion of the purpose of the one-subject rule

in In re House Bill No. 168, 21 Colo. 46, at 51, 39 P. 1096, at 1098 (1895).

138

Ruud, "No Law Shall Embrace More Than One Subject", 42 Minn.L.Rev. 389, at 448-451 (1958).

139

Ruud, supra note 4, at 391.

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relate to a single general subject, the bill meets the requirements of the one-subject rule, even though

its title seems to recite more than one subject.

140

Example: [The same basic example will be used throughout this memorandum to illustrate the

various points made about the constitutional rules.] Assume that Representative X wants to increase

the fee for motor vehicle safety inspections. He introduces a bill entitled "A bill for an act concerning

the regulation of equipment necessary for the safe operation of motor vehicles, and increasing the

fee for motor vehicle safety inspections". The bill does not violate the one-subject rule if its substance

relates to the single subject of an increase in fees.

However, while a bill does not violate the one-subject rule if it in fact deals with just one subject, it is

by far the better practice to draft titles which clearly relate to one general subject, and only one. The

Supreme Court has stated:

...it would be unreasonable as well as dangerous to require that each and every

specific branch or subdivision of the general subject of an act be enumerated by its

title. In reciting the several subordinate matters referred to, the hazard of violating

that part of the provision which prohibits the treatment of more than one subject in

the act is incurred; and, as a rule, it is wiser and safer not to attempt such

enumeration, but to select an appropriate general title, broad enough to include all

the subordinate matters considered.

141

In the example above, an appropriate general title might be "A bill for an act concerning motor

vehicle safety inspections". This brings us to the second requirement of article V, section 21, which

provides that the subject of a bill shall be clearly expressed in its title.

The purpose of the constitutional requirement concerning descriptive titles is to give notice to

legislators and the public of the contents of a bill, thus preventing deception and avoiding the

passage of a bill which might be defeated if its true subject were disclosed. On the other hand, a

requirement that each particular matter treated in the bill be listed in the title would result in

cumbersome titles and the possibility that, if one item were omitted from the title, the resulting

legislation would be constitutionally defective. Accordingly, the rule that the subject of a bill must

be clearly expressed in its title has been interpreted to mean that the general subject must be clearly

expressed. Furthermore, anything germane to that subject may be treated in the bill without

violating the descriptive title rule or, incidentally, the prohibition against more than one subject. The

Colorado Supreme Court in 1893 gave some good advice to legislators and draftsman about the

requirement that a bill's title must clearly disclose the subject of the bill:

...the generality of a title is oftener to be commended than criticised, the constitution

being sufficiently complied with so long as the matters contained in the bill are

directly germane to the subject expressed in the title. Legislators, frequently, and

sometimes good lawyers, fall into the mistake of entering into particulars in the title,

thereby curtailing the scope of the legislation which might properly be enacted

140

Harding v. The People, 10 Colo. 387, 15 P. 727 (1887). Objection was made to a title which seemed to

name two subjects. The court said, "The constitutional inhibition goes to `acts' containing more than one subject.

With respect to the title, the only requirement is that it clearly express the subject of the act. ...It is true that the title

expresses both the general and special character of the act; but we see no objection to this." 10 Colo. at 391-92, 15

P. at 729.

141

Edwards v. Denver & R.G.R. Co., 13 Colo. 59, at 65, 21 P. 1011, at 1013 (1889).

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within the limits of a single act.

142

Example: Assume that Rep. X wanted, in addition to raising the fee for motor vehicle safety

inspections, to require inspections four times per year instead of twice, and to transfer the duty of

administering the inspection program to the Colorado state patrol. The Supreme Court would

criticize a title such as "A bill for an act concerning motor vehicle safety inspections, increasing the

fee therefor, prescribing the frequency thereof, and transferring the powers and duties of the

department of revenue with respect thereto to the Colorado state patrol". A general title, such as "A

bill for an act concerning motor vehicle safety inspections", would suffice to cover all the desired

provisions. It should be noted that such a general title would permit amendments concerning

subdivisions of the general subject other than those sought by Rep. X; however, the detailed title

does not limit the subject matter either, since the one general subject of both bills is "motor vehicle

safety inspections".

In spite of the arguments favoring generality in titles, it is sometimes desirable to narrow the scope

of a title in order to avoid amendments which might jeopardize the passage of the bill or which are

unrelated to the specific purpose for which the bill was introduced. This narrowing of the general

subject may be accomplished by careful draftsmanship:

If the title of a bill be limited to a particular subdivision of a general subject, the right

to embody in the bill matters pertaining to the remaining subdivisions of such subject

is relinquished. To hold otherwise would be to disobey the constitutional

mandate...

143

An example of permissible narrowing of a title occurred in the 1970 session of the General

Assembly, when the Attorney General ruled that a bill entitled "A Bill for An Act Changing the

Name of `Colorado State College' to the `University of Northern Colorado'" could not be amended

to include measures relating to Southern Colorado State College. The amendments would have had

the effect of causing the bill to violate article V, section 21.

144

Example: The narrowest title for Rep. X's bill dealing only with fees might be "A bill for an act

concerning an increase in the fee for motor vehicle safety inspections". This title would foreclose

amendments which dealt with the frequency of inspections or with other matters falling under the

general heading of safety inspections. It would probably even prohibit amendments which would

result in the lowering of fees; this latter concept will be treated in the discussion of the original

purpose rule.

Several of the cases collected in Part II of this memorandum illustrate the way in which a court

applies the descriptive title rule. The cases also illustrate how interrelated the one-subject rule and

the descriptive title rule are. For instance, where a title seems to embrace more than one subject,

even though the bill in fact deals with only one general subject, a court will often find that general

subject stated in the title and will in effect ignore the clauses which merely concern subordinate

matters. In the case of Clare v. People, the act being questioned was entitled "An act to facilitate the

recovery of ore taken by theft or trespass, to regulate sale and disposition of the same, and for the

better protection of mine owners". The Supreme Court said that the first two elements of the title

142

Catron v. Co. Commissioners, 18 Colo. 553, at 558, 33 P. 513, at 514 (1893).

143

In re Breene, 14 Colo. 401, 24 P. 3 (1890).

144

Opinion No. 70-4416, dated January 30, 1970. The opinion also considers the question from the

standpoint of section 17 of article V, the original purpose rule.

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were included in the third, and

There being one general subject expressed, the fact that the legislature saw fit to

incumber this title with two specifications under that subject does not render it

obnoxious to the constitutional objection now urged [the one-subject rule]. One of

the two purposes effectuated by this constitutional provision was to prevent uniting

with each other in statutes incongruous matters having no necessary connection or

proper relation; and where, as in the case at bar, one general subject be clearly

expressed, the addition of subdivisions thereof does not necessarily vitiate the whole

title.

145

Therefore, it is important in drafting titles to be sure that the general subject of the bill is expressed

in the title; one may question whether a title which contained only a recital of the subordinate

matters treated, without clearly stating the one general subject of the bill, would meet constitutional

requirements.

146

Example: Assume Rep. X's bill deals both with fees and with frequency of inspections, and is entitled

"A bill for an act concerning fees for motor vehicle safety inspections, prescribing the frequency

thereof, and regulating equipment which is necessary for the safe operation of motor vehicles". A

court would probably find that the final clause stated the one general subject of the bill.

If the bill's title were "A bill for an act concerning an increase in the fee for motor vehicle inspections

and in the number of inspections required per year", is the one general subject of the bill clearly

expressed in its title? Does the bill comply with the one-subject rule?

Consequences of violating the constitutional provision. The constitution states that if a bill

concerns a subject not expressed in the title, only that part which is not expressed will be void.

When a court is faced with a bill whose title indicates a single subject but whose substance includes

matters not expressed in the title, it theoretically has two choices. The court could say that the bill

treats two separate subjects, or it could say that the title does not give adequate notice of the

contents of the bill. In fact, the courts almost always choose the latter alternative and speak as if they

were applying the descriptive title rule and the policy of disclosure which that rule embodies. One

reason for favoring an application of the descriptive title rule over an application of the one-subject

rule is the policy which dictates that legislation should be upheld if it is reasonably possible. Thus if

an act concerns matters outside its title, the policy behind the rule on descriptive titles requires only

that the portion of the act not disclosed be struck, while the policy behind the one-subject rule --

discouragement of logrolling -- would require that the entire act be invalidated, since a court usually

cannot decide which subject the legislature intended to have the greater dignity and since the entire

act is the product of the condemned practice of combining minorities to produce a majority

147

Naturally, where none of the substance of an act is indicated by its title, the entire act has been

declared void.

Example: Assume that Rep. X's bill passes with the title "An act concerning fees for motor vehicle

safety inspections" and that the act treats both the subject of fees and the subject of frequency of

inspections. A court could say that the act has two subjects and must be stricken in its entirety.

However, it would probably find that the title does not adequately disclose the contents of the bill

145

9 Colo. 122, at 126, 10 P. 799, at 801 (1886).

146

In re Breene, 14 Colo. 401, at 406, 24 P. 3, at 4 (1890).

147

Ruud, supra note 4, at 398-399.

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and would invalidate only the portion concerning frequency of inspections.

Repeals. It should be noted that the subject of a provision in an act which repeals substantive law is

considered to be the subject of the law repealed, not "repeal". Thus a bill which repeals several

provisions, each of which has a different subject, will violate the one-subject rule; the policies

embodied in the rule are just as applicable to legislation involving repeals as to the enactment of new

law.

In a comparatively recent Colorado case, the rule on drafting of titles was applied to a repeal

provision. Where the title of the act referred to loans or advancements of $300 or less, but the act

contained a provision repealing a law concerning loans with security in any amount, the Supreme

Court held that the repeal provision had no effect on the prior law insofar as that law applied to

loans over $300

148

. Of course, repeals which concern the one general subject of a bill do not violate

either the descriptive title rule or the one-subject rule.

Amendments to existing sections or acts. Titles are sometimes drafted which specify that the bill is

one "amending section ____, Colorado Revised Statutes 1963", and so forth. This kind of title

presents the issues of whether the title gives sufficient notice of the contents of the bill and whether

the subject of the existing section or act being amended limits the subject of the bill. The answer to

both has been in the affirmative. Thus the title of an act which read "An act to amend subdivision

fifteen of section five thousand nine hundred and twenty-five of the Revised Statutes of Colorado for

the year 1908, the same being a part of section sixty of chapter one-hundred and twenty-four, in

relation to schools" was upheld as properly descriptive of the contents of the bill, but the court

indicated that a subject foreign to the one already treated by the statutory section to be amended

could not be introduced into that section under this title

149

. This decision, and others construing

titles in this form, imply that the general subject of this type of bill is the subject of the section or act

being amended, not "amendment of the stated section"

150

. Another question, to be discussed in the

portion of this memorandum dealing with the original purpose rule, is whether any portion of

existing law other than that specified in the title can be amended under such a title, even if the

subject of the unspecified section is the same as the subject of the named section.

Example: Assume that Rep. X's bill to increase fees is entitled "A bill for an act amending 13-5-114

(5), Colorado Revised Statutes 1963, as amended". The specified subsection deals only with fees.

The bill would violate the descriptive title rule if it included amendments to that subsection which

concerned a subject other than fees. But consider the situation where the title reads "A bill for an act

amending 13-5-114 (5), Colorado Revised Statutes 1963, as amended, concerning motor vehicle

safety inspections". Does the addition of the final clause evidence an intent to make the subject

broad and general, thus permitting amendments in areas other than fees?

Appropriation acts. It will be remembered that section 21 of article V excepts "general

appropriation bills" from its provisions. Section 32 of article V, however, provides:

Section 32. Appropriation bills. The general appropriation bill shall embrace

nothing but appropriations for the expense of the executive, legislative, and judicial

148

Sullivan v. Siegal, 125 Colo. 544, 245 P.2d 800 (1952).

149

School District No. 16 v. Union High School District, 25 Colo. App. 510, 139 P. 1039 (1914).

150

See also Dallas v. Redman, 10 Colo. 297, 15 P. 397 (1887); Edwards v. Denver & R.G.R. Co., 13 Colo. 59,

21 P. 1011 (1889); Board of County Commissioners of Teller County v. Trowbridge, 42 Colo. 449, 95 P. 554 (1908); Board

of County Commissioners of Pitkin County v. Aspen Mining & Smelting Co., 3 Colo.App. 223, 32 P. 717 (1893).

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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.

While the technicalities of this section are beyond the scope of this memorandum, it should be

observed here that the attempt, in a general appropriation bill, to confer authority on a public

official which previously did not exist, to establish a permanent policy, or to enact general

legislation has been held to violate provisions of this type

151

. The one general subject of a general

appropriation bill is "appropriations", and anything outside that subject -- anything not an

appropriation -- is of no effect.

The second sentence of section 32, providing that appropriations in addition to those in the general

appropriation act must be made by separate bills, each of which concerns a single subject, has been

construed in a manner which is consistent with the construction of section 21; that is, it has been

interpreted to mean that if an appropriation is necessary to accomplish the purpose of a bill and is

incidental to its general subject, the appropriation may be included in the bill without violating the

one-subject rule. It has usually been the practice in Colorado to include the words "and making an

appropriation therefor" in the title of such a bill; this language furthers the policy of complete

disclosure, although it is probably not constitutionally required.

Constitutional amendments - city charters - ordinances. Finally, the rules stated in article V,

section 21, have been held not to apply to the proposal of constitutional amendments by the General

Assembly;

152

to the submission to the citizens of amendments to a city charter under article XX of

the Colorado Constitution;

153

or to municipal ordinances

154

. The constitutional provision applies to

"bills", and bills are not required in any of these situations.

B. Section 17 - Original purpose rule

Section 17 of article V provides:

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.

In 1894 the Colorado Supreme Court stated that the controlling reason for section 17 was to carry

out the provisions of article V, section 19, which at that time prohibited the introduction of bills,

except the "long" appropriation bill, after the first fifteen days of the legislative session. If bills could

be introduced during the prescribed period but amended later to accomplish unrelated aims, the

policy behind section 19, namely, the desirability of securing ample time to consider all matters on

which legislation is proposed, could be overridden. It might be argued that when the specific

constitutional limit on the time for introducing bills was repealed in 1950, the reason for the original

151

Ruud, supra note 4, at 424.

152

Nesbit v. People, 19 Colo. 441, 36 P. 221 (1894).

153

People ex rel. Moore v. Perkin, 56 Colo. 17, 137 P. 55 (1913).

154

Scanlon v. City of Denver, 38 Colo. 401, 88 P. 156 (1906).

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purpose rule disappeared or at least was weakened

155

. However, the 1950 amendment to section 19

authorized the General Assembly to set time limits for the introduction of bills, and the policy of

assuring enough time to give all measures due consideration is still valid. Accordingly, it is assumed

that section 17 applies and that the objective of the original purpose rule, while altered in its specifics

by the 1950 amendment to section 19, continues to be to discourage the hasty passage of

unconsidered bills.

The relationship between the provisions of section 17 and section 21 of article V is a close one. It is

revealing that several state constitutions require that a bill have no more than one "object" instead of

the more common one-subject rule, and that the courts of those states have construed their

one-object rules in a way which is almost identical to the manner of construing one-subject rules

156

Thus, although the "purpose" or "object" of a bill seems to refer to what the bill is intended to

accomplish, and its "subject" might be thought to be a more neutral concept, there has been in

practice very little difference in the analysis of problems arising under the two sections. If an

amendment which substitutes another concept for the original one causes the bill to violate the

original purpose rule, that same amendment in the form of an addition to the bill instead of a

substitution would cause it to violate the one-subject rule.

Example: Rep. X introduces his bill entitled "A bill for an act concerning an increase in the fee for

motor vehicle safety inspections". If the bill is amended so as to add provisions governing the

frequency of inspections, the bill violates section 21. If an amendment strikes everything below the

enacting clause and substitutes the provisions on frequency of inspections, the original purpose of

the bill is changed.

If Rep. X's bill is entitled "A bill for an act concerning motor vehicle safety inspections" but the

increase in fees is the only matter treated in the bill as introduced, would the amendment concerning

frequency of inspections change the original purpose?

The earliest case applying section 17 illustrates the simplest form of an original purpose problem. In

1886 the Colorado Supreme Court held that a bill whose original purpose was to create Logan

County out of Weld County could not be amended so as to provide for a new Montezuma County

from territory in LaPlata County

157

. Another early case involved an act whose title stated that the

act was one "to Provide for the Payment of Salaries to Certain Officers, to Provide for the

Disposition of Certain Fees, and to Repeal All Acts Inconsistent Therewith"

158

. Demonstrating the

similarity of the analyses under sections 21 and 17, the Court first found that the act treated but one

subject, namely, the compensation of certain public officers,

159

and that the provisions for

disposition of fees were germane to that subject because they related to the source from which

salaries would be paid. Then the Court concluded that the omission of certain fee provisions which

were included in the bill as passed by the house of introduction did not change the original purpose

of the bill, relying expressly on its finding that each provision of the bill continued to be germane to

155

It is noteworthy that only one case interpreting the original purpose rule has been decided by the

Colorado Supreme Court since 1950. The Attorney General, however, has issued a number of opinions applying

the rule since that time. See Part II of this memorandum.

156

Ruud, supra note 4, at 394-396.

157

Creation of New Counties, 9 Colo. 624, 21 P. 472 (1881).

158

Airy v. The People, 21 Colo. 144, 40 P. 362 (1895).

159

Does this title comply with that portion of section 21 which requires that the one general subject of

a bill be clearly expressed in its title? The court did not consider the question.

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its general subject.

Controversy has occasionally arisen in this area over the amendment of bill titles. It is clear that a

title can be amended without necessarily changing the original purpose of a bill;

160

indeed, some

amendments to the substance of a bill may be of such a nature as to require corresponding

amendments to the title in order to comply with the descriptive title rule. The General Assembly

encounters particular problems with titles which are drafted in the form "Amending section(s)

______, Colorado Revised Statutes 1963", and so forth, since amendments to sections of the statutes

other than those named in the title are often found to be necessary or desirable, and the deadline for

the introduction of bills has passed. One decision has dealt with this problem and has resolved it

using reasoning similar to that employed under section 21. In In re Amendments of Legislative Bills,

161

the Supreme Court was faced with a bill entitled "A bill for an act to amend section 124 of chapter

94". The subject of the bill and its purpose, which the Court assumed to be the same, were found to

be the reduction of penalties and interest on delinquent taxes

162

. The second house amended sections

of existing law other than those specified in the title but which dealt with the subject of the bill, and

it wished to amend the title to cover the newly amended sections. The Court authorized the

amendments to the bill and to the title, stating that the second house was keeping the subject and

original purpose in mind and that the amendment of a title to cover the original purpose of the bill

as extended was constitutionally valid.

One may infer from this decision and from decisions which analyze titles under section 21 that the

purpose of a bill whose title takes the form "Amending section(s) _____" is to be discerned by

looking to the substance of the amendment and the subject matter of the section amended, just as

the subject of a bill "Repealing section _____" is the subject of the section repealed, not "repeal". In

other words, the purpose of a bill "Amending section(s) _____" is not just to amend, but is to bring

about some change in the way behavior is governed. Combining this analysis with the one made in

an earlier portion of this memorandum, then, it follows that a title drafted in this form should bring

two propositions to mind: First, that while a named section in a title will limit the subject of the bill,

amendments to other sections which treat the same subject may be adopted without changing the

original purpose of the bill; but second, that an existing section of the statutes may not be amended

so as to treat matters having no necessary connection with the substance of that section. In

amending bills having titles in this form, however, the mandate of the descriptive title rule should be

observed by making appropriate amendments to the original title.

Example: Rep. X's bill is entitled "A bill for an act amending 13-5-114, Colorado Revised Statutes

1963, as amended, concerning motor vehicle safety inspections". The bill raises the inspection fee.

The named section also includes provisions for purchase of inspection certificates from the

department of revenue by licensed inspection stations. The bill could probably be amended to

increase the price of inspection certificates without changing its original purpose. A harder question

is whether the bill could be amended to increase the frequency of inspections, a subject now covered

in section 13-5-113, on the theory that the general subject of the bill is expressed in the final clause of

the title, namely, "motor vehicle safety inspections". Even if the title were amended so as to name

the newly amended section, would this amendment change the original purpose of the bill?

160

In re Amendments of Legislative Bills, 19 Colo. 356, 35 P. 917 (1894); People v. Brown, 174 Colo. 513, 485

P.2d 500 (1971).

161

19 Colo. 356, 35 P. 917 (1894).

162

The determination of subject and purpose was facilitated in this case, since the bill was introduced in

a short session where the only permissible subjects were designated in the governor's agenda.

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If it were determined that the original purpose of the bill was to deal with inspection certificates, and

that the inspection fee paid by a vehicle owner and the purchase price paid by the station are

subdivisions of that subject, it is interesting to speculate whether the bill could be amended to repeal

section 13-5-115 (5), which states that when a station's license is revoked, the department of revenue

must refund the fees paid for unused certificates. If the title were amended to include a clause "and

repealing 13-5-115 (5)", the bill would probably be constitutionally valid.

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F.1.2. MEMO: Bill Titles - Single Subject and Original Purpose

Requirements

[Last Revision: November 20, 1997]

This memorandum is intended to provide guidance regarding the single subject and original purpose

requirements for bills under the Colorado Constitution. This memorandum discusses the following

topics:

I. The single subject and original requirements for bills and bill titles;

II. Factors that should be considered by the Colorado General Assembly when

there is a question whether an amendment to a bill fits within the title of the bill;

and

III. Title opinions.

I. SINGLE SUBJECT AND ORIGINAL PURPOSE REQUIREMENTS

(1) CONSTITUTIONAL REQUIREMENTS FOR BILL TITLES

Article V, sections 21 and 17 of the Colorado Constitution provide as follows:

Section 21. Bill to contain but one subject - expressed in title. No bill, except

general appropriation bills, shall be passed containing more than one subject, which shall

be clearly expressed in its title; but if any subject shall be embraced in any act which shall

not be expressed in the title, such act shall be void only as to so much thereof as shall not

be so expressed.

Section 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.

Sections 17 and 21 are constitutional rules of legislative procedure. The "subject" of a bill and its

"original purpose" are similar concepts. An amendment that alters the original purpose of a bill may

well cause the bill to embrace two subjects.

These sections of the Colorado Constitution mandate that each bill contain one subject and that the

single subject be clearly expressed in the bill title. In addition, these provisions appear to place fairly

strict limits on the types of extraneous amendments that may be added as a bill moves through the

legislative process. It is generally agreed that the purpose of these provisions is to focus debate on

pending legislative measures and to avoid "log-rolling" (the joining together of unrelated measures

to gain votes for passage of a measure). Another purpose is to provide helpful public notice of the

contents of a bill. The importance of these rules is illustrated by the constitutional requirement in

Section 21 that failure to comply will invalidate the portion of a bill that is not expressed in the bill

title.

Pursuant to these mandates, the Office of Legislative Legal Services (OLLS) has adopted a general

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policy of composing bill titles in a manner that states the single subject at the beginning of the bill

title. To help identify clearly a bill's single subject, a comma is often placed at the end of the subject.

Another common practice is to avoid the words "and" and "or" in stating the single subject because

these words connote more than one subject. Sometimes additional information is provided after the

comma as a "trailer". While trailers must be "germane", or related, to the single subject, the words of

the trailer generally are not part of the statement of the single subject.

The OLLS attempts to follow these practices as practicable. These practices have helped members

and the public in the application of Sections 17 and 21 and have become generally accepted over a

period of many years.

(2) "TIGHT" TITLES

Close adherence to the Colorado legislative custom and practice relating to composition and strict

construction of bill titles has contributed to the time-honored practice of employment of "tight"

titles. "Tight" titles narrowly express the single subject and purpose of a bill. Sponsors request tight

titles anticipating that amendments that do not "fit" within the narrow statement will be deemed out

of order during the legislative process. Of course, the tight titles themselves must comply with the

mandates of Sections 17 and 21 of Article V.

(3) APPLICATION OF SECTIONS 17 AND 21 IN THE LEGISLATIVE PROCESS AND IN THE COURTS

The OLLS has observed that the requirements of Sections 17 and 21, and the attendant legislative

customs and usage, are more often strictly applied in the legislative process. Since these rules are

rules of legislative procedure, this seems entirely appropriate.

The courts apply Sections 17 and 21 in a different context than the General Assembly. The courts

consider these provisions in legal proceedings after the presumption of constitutionality has attached

to the enacted law in question. This has resulted in a more lenient application of the requirements of

these sections in judicial proceedings. Only in the most extreme case will an enacted law be ruled

unconstitutional by a court on this basis.

(4) CONSEQUENCES OF DEPARTURE FROM THE MANDATES OF SECTIONS 17 AND 21 AND

LEGISLATIVE CUSTOM AND USAGE

If the constitutional mandates regarding bill subjects titles and the legislative custom and usage

arising from these mandates are not observed in the legislative process, the consequences include:

• Loss of predictability in the consideration of bills;

• Frustration of the purposes of the constitutional mandates, such as focusing debate,

avoiding log-rolling, and providing adequate public notice;

• Deprivation of a member's ability to address issues in a limited context through the use of a

"tight" title;

• The possibility of increased litigation over bills already passed, with the attendant

uncertainty of application of laws; and

• Erosion of the public's confidence in the legislative process.

It cannot be said with certainty in every case that departure from the rules will invalidate a bill.

However, in view of the consequences outlined above, we recommend compliance with the rules

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and with the practices that encourage compliance with those rules. These practices have proven

themselves over the long term and are rooted in the integrity of the legislative process.

II. DETERMINING WHETHER AMENDMENTS FIT WITHIN BILL TITLES

To determine whether an amendment fits within a bill title, the following questions should be

addressed:

(1) DOES THE AMENDMENT FIT WITHIN THE SINGLE SUBJECT OF THE BILL EXPRESSED IN THE

BILL TITLE?

Under the Colorado Constitution, no bill (other than a general appropriation bill) containing more

than a single subject may be passed by the General Assembly, and the single subject of a bill must be

expressed in the bill's title. Colo. Const., Art. V, § 21. If this provision of the Constitution is violated

in an act, then the portions of the act that are not within the title are void. People ex rel. Seeley v. Hull,

8 Colo. 485, 9 P. 34 (1885). However, the Colorado Supreme Court has stated that this section of

the Constitution should be liberally and reasonably interpreted so as to avert the evils against which

it is aimed, while at the same time not unnecessarily obstructing legislation. In re Breene, 14 Colo.

401, 758 P.2d 1356 (1890).

In determining whether an amendment fits within the single subject expressed in the title of the bill,

the following should be considered:

(a) IS THE AMENDMENT “GERMANE” TO THE SUBJECT MATTER OF THE BILL?

The Colorado Supreme Court has found that whether an amendment fits within the title of a bill is

dependent on whether the amendment is “germane” to the subject expressed in the title of the bill.

Bd. of Comm'rs v. Bd. of Comm'rs, 32 Colo. 310, 76 P. 368 (1904). The Court has further found that in

this context "germane" means “closely allied”, “appropriate”, or “relevant”. Roark v. People, 79

Colo. 181, 48 P.2d 1013 (1935); Dahlin v. City & County of Denver, 97 Colo. 239, 48 P.2d 1013 (1935).

The Court has stated that if the matters contained in a bill are “necessarily or properly connected

to each other”, rather than being “disconnected or incongruous”, then the provisions of Section 21

of the Constitution are not violated. In re House Bill No. 1353, 738 P.2d 371 (Colo. 1987).

(b) MAY THE TITLE OF THE BILL BE MODIFIED TO ACCOMMODATE THE AMENDMENT?

The title to a bill may be narrowed by amendment. If a bill title has been narrowed during the

legislative process, then the practice and understanding in the General Assembly has been that the

bill title may then be broadened by amendment as long as the amendment does not broaden the

single subject or the original purpose of the bill as it was introduced.

The original subject matter of a bill, as expressed in the title of the bill, may not be broadened,

although the title may be amended to cover the original purpose of the bill as extended by

amendments. In re Amendments of Legislative Bills, 19 Colo. 356, 35 P. 917 (1894). This may mean

that, while the subject of the bill expressed in the title may not be broadened, the trailer to the title, if

any, may be modified when the bill is amended. In view of the constitutional implications that may

arise if the single subject or original purpose of a bill is changed, the safest course of action is to

avoid broadening the single subject of a bill expressed in the title, while making changes to the

trailer as necessary to reflect changes made to the bill.

(2) WOULD THE AMENDMENT CHANGE THE ORIGINAL PURPOSE OF THE BILL AS IT WAS

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INTRODUCED IN THE GENERAL ASSEMBLY?

The Colorado Constitution prohibits any amendment that changes the original purpose of a bill.

Colo. Const., Art. V, § 17. The courts have found that this provision does not prohibit an

amendment that extends the provisions of the bill without changing the original purpose. In re

Amendments of Legislative Bills, 19 Colo. 356, 35 P. 917 (1894). Further, an amendment to a bill does

not violate this section if the amendment is a change in the means of accomplishing the bill's

original purpose. Parrish v. Lamm, 758 P.2d 1356 (Colo. 1988).

(3) ARE THE CONSTITUTIONAL STANDARDS FOR AMENDMENTS APPLIED STRICTLY?

The General Assembly has normally applied the constitutional standards for amendments in a strict

fashion, while the courts, when making similar determinations regarding laws that have been

enacted, have shown deference to the judgment of the General Assembly. The presumption is that

laws that have been enacted are constitutional, and a person who challenges the constitutionality of

a statute must prove the unconstitutionality beyond a reasonable doubt. People v. Rowerdink, 756

P.2d 986 (Colo. 1988). For this reason, the final outcome reached by a court regarding an

amendment should be considered within the appropriate context of the decision and not be applied

directly to the legislative process.

EXAMPLES OF TITLE QUESTIONS:

Example 1: The bill title is “Concerning fruit.” and the bill as introduced deals with apples and

pears. The amendment would add a provision concerning oranges. To determine whether the

amendment fits within the title of the bill, it is necessary to determine whether oranges are germane

to the subject of fruit and whether this amendment would change the original purpose of the bill. As

oranges are a type of fruit, this amendment apparently is germane to the subject of the bill as

expressed in the title. Oranges are closely allied with and relevant to the subject of fruit. Further, the

addition of oranges appears to extend the provisions of the bill without changing the original

purpose of the bill.

Result: The amendment fits within the title of the bill.

Example 2: The bill title is “Concerning apples.” and the bill as introduced deals only with apples.

The amendment would add a provision concerning oranges. In this case, the question is whether

oranges are germane to the subject “apples”. Oranges do not appear to be relevant to or closely

allied with apples. The original purpose of the bill now regards the more narrow subject of apples,

and the addition of oranges apparently will modify this original purpose, rather than simply

extending the provisions of the bill or changing the means of accomplishing the original purpose.

Result: The amendment is not within the title of the bill.

Example 3: The bill title is “Concerning fruit, and, in connection therewith, providing for apples

and peaches.” and the bill as introduced deals only with apples and peaches. The single subject

expressed in the title is "Concerning fruit", while the remainder of the title is the trailer. The

amendment would add a provision concerning oranges. Oranges appear to be germane to the bill

subject as oranges are closely allied with and relevant to the subject of fruit. However, if the

amendment is adopted, the original title may no longer accurately describe the subject matter of the

bill unless the trailer to the title is also amended.

Result: The amendment is within the title of the bill. The trailer to the title may be modified to

reflect the amendment, such as amending the trailer to read: "and, in connection therewith,

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providing for apples, peaches, and oranges."

III. TITLE OPINIONS

In February of 1995, concern was expressed during a meeting of the Executive Committee of the

Legislative Council about opinions of OLLS staff as to whether an amendment would be

appropriate under the title of a bill. Discussion focused on the fact that asking for a title opinion may

place OLLS staff in an awkward situation that is inappropriate for nonpartisan staff personnel. An

OLLS staff member should bring any potential title issues to the attention of his or her team leader

and Doug Brown or Becky Lennahan as soon as the issues arise.

The Executive Committee provided the OLLS with the following guidance concerning the issuance

of title opinions:

1. An OLLS staff person should continue to consider title issues carefully when drafting bills and

amendments and should advise a member when the member requests an amendment that may be

beyond the title of a bill.

2. Once a bill or amendment is drafted, the OLLS staff should handle requests for title opinions as

follows:

• An OLLS staff member may provide the member with an answer to a title questions, but

the staff member should make it clear to the member that the opinion is advisory only and

is not binding on a committee chair or the chair of the committee of the whole.

• An OLLS staff person should not put title opinions in writing unless the member insists. In

this situation, the member should be advised that the OLLS will speak with the members of

the Executive Committee from the member's house prior to writing the title opinion.

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F.1.3. What Is Germane?

By Brenda Erickson

NCSL - Denver (303) 830-2200

NCSL Legisbrief

May 1994: Vol 2, No. 20

Probably one of the most difficult decisions a presiding officer or parliamentarian must make is

whether an amendment is germane. According to the fifth edition of Black's Law Dictionary,

germane means "in close relationship, appropriate, relative or pertinent." The Glossary of Legislative

and Computer Terms, published by the American Society of Legislative Clerks and Secretaries,

defines germaneness as "the relevance or appropriateness of amendments or substitutes." But how

does one decide what is germane?

Questions to Test Germaneness

! Does the amendment deal with a different topic or subject?

! Does the amendment unreasonably or unduly expand the subject of the bill?

! Would the amendment introduce an independent question?

! Is the amendment relevant, appropriate, and in a natural and logical sequence to the subject

matter of the original proposal?

! Would the amendment change the purpose, scope or object of the original bill or motion?

! Would the amendment change one type of motion into another type?

! Would the amendment change a private (or local) bill into a general bill?

! Would the amendment require a change in the bill title?

Almost all states have constitutional provisions limiting bills to one subject, and over three-fourths

of state legislatures have chamber rules that address germaneness. These rules vary greatly in detail,

however. Many rules on germaneness are just a statement that "no motion or proposition on a

subject different from that under consideration shall be admitted under color of amendment."

Examples of other legislative rules (emphasis added to highlight their tests or requirements for

germaneness) are:

1. An amendment to a bill introduced in the other house is not in order if the amendment requires a change of the

bill title other than a clerical or technical change. (Alaska Joint)

2. No amendment proposed to a House bill substituting therein a different subject matter may be accepted

unless accompanied by the written consent of its author and coauthors. (Indiana House)

3. Amendments to the bill shall be germane to the subject of the bill being amended, and the fact that an

amendment is to a section of the same chapter of Kansas Statutes Annotated as an existing section in the bill shall not

automatically render the amendment germane. (Kansas Senate)

4. Every amendment must be germane to the subject of the legislative instrument as introduced. (Louisiana

Senate)

5. No bill shall be altered or amended on its passage through the House so as to change its original purpose as

determined by its total content and not alone by its title. (Michigan House)

6. No amendment to any bill shall be allowed which shall change the scope and object of the bill. (Washington

Senate)

Edward Hughes, who authored Hughes' American Parliamentary Guide, stated that when the

germaneness rule was first adopted by the U.S. House of Representatives in 1789, it introduced a

principle previously unknown in general parliamentary law. He also claimed that is was of high

value in the procedure of the House. Hughes went on to say that former U.S. House Speaker John

G. Carlisle set this test for germaneness: "After a bill has been reported to the House, no different

To be germane, an

amendment must be

closely related to or

bear on the subject of

the motion to be

amended.

A number of authorities

on parliamentary rules

and procedure have

addressed germaneness.

Most states

constitutionally

limit bills to one

subject.

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subject can be introduced into it by amendment whether as a substitute or otherwise. When, therefore, it is

objected that a proposed amendment is not in order because it is not germane, the meaning of the objection is

merely that it [the proposed amendment] is a motion or proposition on a subject different from that under

consideration."

The 1989 edition of Mason's Manual asks if the amendment is relevant, appropriate, and in a natural and logical

sequence to the subject matter of the original proposal. To be germane, the amendment is required only to be

related to the same subject. It may entirely change the effect of or be in conflict with the spirit of the original

motion or measure and still be germane to the subject. An entirely new proposal may be substitute by

amendment as long as it is germane to the main purpose of the original proposal.

According to Robert's Rules of Order, to be germane, and amendment must in some way involve the same

question that is raised by the motion to which it is applied. An amendment cannot introduce an independent

question, but it can be hostile to or even defeat the spirit of the original motion and still be germane.

According to Alice Sturgis' Standard Code of Parliamentary Procedure, and amendment that would change one

type of motion into another type of motion is never in order. For example, if a member moves "that the

pending question be referred to the membership committee," it would be out of order for someone to move

"that the motion be amended by striking out the words 'referred to the membership committee' and inserting in

their place the words 'postpone until the next meeting.'" This would change the motion from one referring a

question to on postponing it, which has a different order of precedence. It is therefore out of order.

In Elements of the Law and Practice of Legislative Assemblies in the United States of America, Luther Cushin says that it

is inappropriate (i.e., not germane) to turn a private (or local) bill into a general bill. If a bill relates to a single

individual, it is not in order to add a provision for another individual, other individuals or a general provision.

There is no single, all-inclusive test for determining when a proposed amendment is germane and

when it is not. The presiding officer or parliamentarian should (1) look to the state constitution, the

chamber's own rules, other chamber precedents and the adopted parliamentary manual for

requirement on germaneness; (2) develop a personal check list of test ideas; and (3) use good

judgement to make a fair determination. Ultimately, the presiding officer must make the ruling.

Selected References

American Society of Legislative Clerks and Secretaries and National Conference of State Legislatures. Mason's

Manual of Legislative Procedure. St. Paul, Minn.: West Publishing Company, 1989.

Cushing, Luther Stearns. Elements of the Law and Practice of Legislative Assemblies in the United States of America.

Boston, Mass.: Little, Brown and Company, 1856.

Hughes, Edward Wakefiled. Hughes' American Parliamentary Guide. Columbus, Ohio: The F. J. Heer Printing

Company, 1926.

Robert, Henry M. Robert's Rules of Order Newly Revised, Ninth Edition. new York, N.Y.: Scott, Foresman and

Company, 1990.

Sturgis, Alice. Standard Code of Parliamentary Procedure, Third Edition. New York, N.Y.: McGraw-Hill Book

Company, 1988.

There is no

single test for

germaneness.

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F.1.4. Guideline for Analyzing Whether an Amendment Fits under the

Title of a Bill

The following is an excerpt from a memo prepared by the OLLS in 1994 in response to an inquiry

from a legislative committee regarding whether a proposed amendment fits within the scope of the

title of the bill. Any conclusions or opinions have been deleted since the practice of the office is to

provide arguments for and against and leave the decision to the chair of the committee.

FROM: Office of Legislative Legal Services

RE: Senate Business Affairs and Labor Committee amendment to H.B. 94-1210,

concerning a prohibition on restricting independent pharmacies by contracting with

a single sole-source prescription drug provider

This is in response to your request for our opinion as to whether a portion of the Senate Business

Affairs and Labor Committee's amendment to H.B. 94-1210 is within the title of the bill. The

portion in question is the provision which would make it an unfair method of competition or unfair

or deceptive act or practice in the business of insurance to restrict independent pharmacies by

contracting with a single sole-source prescription drug provider. Also at issue is similar language

which prohibits the health benefit plan advisory committee from recommending differential

copayments for pharmaceutical services as a cost containment feature.

The title of H.B. 94-1210 reads, "CONCERNING MEASURES TO IMPROVE THE SYSTEM OF

FINANCING HEALTH CARE COSTS USING ARRANGEMENTS WITH PRIVATE

THIRD-PARTY PAYORS PURSUANT TO EXISTING MANDATORY COVERAGE

PROVISIONS, . . . ."

Article V, section 21 of the Colorado Constitution provides that "No bill . . . shall be passed

containing more than one subject, which shall be clearly expressed in its title; . . . ." Any matter not

"germane" to the subject expressed in the title, which means anything not closely allied, appropriate,

or relevant to that subject, is declared by the constitution to be void. In re Breene, 14 Colo. 401, 24 P.

3 (1890); Roark v. People, 79 Colo. 181, 244 P. 909 (1926).

Analysis of the title question focuses on whether the provisions added by the committee amendment

are "pursuant to existing mandatory coverage provisions". The arguments on both sides of the issue

are presented first.

Reasons why the amendment may be beyond the title. "Mandatory coverage provisions", in

common terms, would include requirements that insurers cover certain diseases, conditions, or

courses of treatment, or that they reimburse certain types of health care providers, or that they pay

for certain health care products or services. Since virtually all health care policies cover purchases of

prescription drugs, the amendment appears to mandate that most insurers cover such purchases in

more circumstances than are presently required. In this sense, the amendment provides for a new

mandated coverage and is not within existing mandatory coverage provisions.

This construction of "mandatory coverage provisions" is consistent with this office's interpretation of

section 10-16-103, C.R.S., which requires special legislative procedures for bills which "mandate a

health coverage or offering of a health coverage".

Furthermore, the original purpose of H.B. 94-1210 was probably to make health insurance more

widely available and more usable. The amendment does not appear to further this purpose, in that it

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does not affect the availability of insurance one way or the other.

Reasons why the amendment may be within the title. Read strictly, "mandatory coverage

provisions" only means those statutes which require an insurer to cover specific diseases, conditions,

products, or services. There is no requirement that prescription drugs be covered, and the

amendment would not impose such a requirement. It simply regulates how a coverage, if offered,

must be implemented or administered. Thus the amendment is within existing mandatory coverage

provisions. If the committee amendment is not germane to "existing mandatory coverage

provisions" under the arguments advanced above, neither is the provision of H.B. 94-1210 which

restricts preexisting condition limitations.

If the original purpose of H.B. 94-1210 was to make health insurance more usable, the extension of

coverage to any pharmaceutical provider is consistent with that purpose.

* * * * *

Titles are construed strictly by the General Assembly, in the interests of more efficient management

of the legislative process. Our office has been instructed by legislative leadership to draft tight titles

in the absence of a contrary instruction from the bill sponsor. Construing titles narrowly furthers the

purpose of article V, section 21, which is twofold: To prevent the insertion of enactments in bills

which are not indicated by their titles, and to forbid the treatment of incongruous subjects in the

same bill. Geer v. Board of Comm'rs, 97 F. 436 (8th Cir. 1899).

Accordingly, the construction which gives more respect to a narrow reading of a title should be

adopted in a close case. It should be noted, however, that courts have often applied title rules that

are not as strict as those applied in the legislative process. If H.B. 94-1210 is enacted with this

portion of the committee amendment included, a court would be required to accord the bill the

presumption of constitutionality, and the court may well find that the requirements of the

constitution are satisfied.

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F.2. Safety Clauses and Effective Date Clauses

F.2.1. Safety Clauses and Effective Date Clauses Memo

TO: Interested Persons

FROM: Office of Legislative Legal Services

DATE: January 18, 2008

SUBJECT: Safety Clauses and Effective Date Clauses

Executive Summary

The language of the safety clause is derived from an exception to the

referendum power contained in section 1 (3) of Article V of the Colorado

constitution. The exceptions are for: 1) Laws "necessary for the immediate

preservation of the public peace, health, and safety"; and (2) Appropriations

for the support and maintenance of the departments of state and state

institutions.

Caselaw surrounding the utilization of the safety clause in legislation has

held that the General Assembly may prevent a referendum to the people by

declaring that an act is "necessary for the immediate preservation of the

public peace, health, and safety" and that the General Assembly is vested

with exclusive power to determine that question. The question of including

the safety clause in legislation is a matter of debate in the legislative process

and the body's decision cannot be reviewed or called into question by the

courts.

From the mid-1930's until the mid-1990's, the inclusion of the safety clause

was presumed. However, in January 1997, as a result of questions raised by

legislators and the public, the Executive Committee of Legislative Council

directed the Office of Legislative Legal Services to implement new

procedures whereby a safety clause is included only upon direction of the

requesting member. The 1997 directive requires the Office to advise

members in connection with utilizing the safety clause depending on the

type of legislation. The General Assembly may want to re-examine the

This legal memorandum results from a request made to the Office of Legislative Legal Services (OLLS),

a staff agency of the General Assembly. OLLS legal memoranda do not represent an official legal position of the

General Assembly or the State of Colorado and do not bind the members of the General Assembly. They are

intended for use in the legislative process and as information to assist the members in the performance of their

legislative duties.

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I. Background

At your request, this memo is being written to explain the origin of the safety clause, the

case law on the use of the safety clause in legislative bills, the legislative practice on the use

of the safety clause, and the consequences or drafting issues that arise when a safety clause is

or is not used in a bill enacted by the General Assembly. The memo also discusses recent

developments.

II. Origin of the Safety Clause

A safety clause is a clause placed at the end of a legislative bill. The text of the safety clause

is as follows:

SECTION __ . Safety clause. The general assembly hereby finds, determines, and declares

that this act is necessary for the immediate preservation of the public peace, health, and

safety.

The language of the safety clause is derived from an exception to the referendum power

contained in section 1 (3) of Article V of the Colorado constitution. The use of a safety

clause arises out of the provisions of subsections (1) and (3) of section 1 of Article V of the

Colorado Constitution relating to the power of the people to use the referendum process

against any act or portion of an act passed by the General Assembly. As originally adopted

by the people, the Colorado Constitution vested the legislative power in the General

Assembly and the General Assembly alone. In 1910, Colorado adopted an amendment to

the state constitution that gave the people the right to propose laws (the right of the

initiative) and the right to approve or reject the laws passed by the General Assembly (the

right of the referendum).

Article V, section 1 (1) and (3), of the Colorado Constitution provide:

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.

(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. (emphasis added)

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Subsections (1) and (3) provide for two types of referendum:

! The General Assembly may refer statutes to the voters in a statewide election

by attaching a referendum clause to a bill;

! The voters may submit a petition to the Secretary of State signed by registered

electors equal to five percent of the total number of votes cast for the Secretary

of State in the previous general election

requesting a referendum vote against

any act or item, section, or part of any act of the General Assembly.

The type of referendum exercised by the voters has been called a "rescission" referendum. In

effect, it means that a specified number of registered electors can sign petitions and provide

the electorate with the opportunity to rescind all or part of a statute.

Subsection (3) provides two exceptions to this "rescission" referendum:

! Laws "necessary for the immediate preservation of the public peace, health,

and safety"; and

! Appropriations for the support and maintenance of the departments of state

and state institutions.

III. Colorado Case Law on the Use of Safety Clauses

The case law in Colorado is well-settled that a legislative body may prevent a referendum to

the people by declaring that the act is "necessary for the immediate preservation of the public

peace, health, and safety" and that the legislative body is vested with exclusive power to

determine that question. While the use of the safety clause is certainly a matter of debate in

the legislative process by the individual members, once that question has been decided by

the legislative body, that decision stands and the judiciary will not overturn it.

Specifically, in 1913, the Colorado Senate asked the Colorado Supreme Court whether the

General Assembly could lawfully prevent a proposed act on the eight-hour law for persons

employed in mines from being referred to the voters by the use of a safety clause declaring

that the act was a law necessary for the immediate preservation of the public health and

safety. In In re Senate Resolution No. 4, 54 Colo. 262, 130 P. 333 (1913), the Supreme Court

held that the General Assembly had the authority under the constitutional language to make

such a determination and that "such declaration is conclusive upon all departments of

government, and all parties, in so far as it abridges the right to invoke the referendum."

The

General Assembly passed the bill that was the subject of the interrogatory in In re Senate

Resolution No. 4. Subsequently, the Supreme Court addressed the issue of whether the

Such a bill is often referred to as a "referred bill".

This number varies based upon the election. For 2007-08, the number of signatures required for a

statewide initiative or referendum petition is 76,047.

In re Senate Resolution No. 4, 54 Colo. 262, 271, 130 P. 333, 336 (1913).

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General Assembly could use the safety clause to except a bill from the referendum and

whether the legislature or the judiciary had the authority to make this determination. In Van

Kleeck v. Ramer, 62 Colo 4, 156 P. 1108 (1916), the Colorado Supreme Court noted that

except as limited by the federal or the state constitutions, the authority of the General

Assembly is plenary and the judicial branch cannot exercise any authority or power except

that granted by the Constitution. The Supreme Court noted that under article V, section 1,

the constitution provided that the power of the referendum may be ordered "except as to

laws necessary for the immediate preservation of the public peace, health or safety". The

Court held that during the process of the enactment of a law the legislature is required to

pass upon all questions of necessity and expediency connected with a bill:

The existence of such necessity is a question of fact, which the General Assembly in the

exercise of its legislative functions must determine; and under the constitutional

provision...that fact cannot be reviewed, called in question, nor be determined by the

courts....The General Assembly has full power to pass laws for the purposes with respect to

which the referendum cannot be ordered, and when it decides by declaring in the body of

an act that it is necessary for the immediate preservation of the public peace, health or

safety, it exercises a constitutional power exclusively vested in it, and hence, such

declaration is conclusive upon the courts in so far as it abridges the right to invoke the

referendum

The Court responded to the argument that the people would be deprived of the right to refer

a law, if the legislature either intentionally or through mistake, declares falsely or

erroneously that a law is necessary for the immediate preservation of the public peace,

health or safety. The Court said:

The answer to this proposition is, that under the Constitution the General Assembly is vested

with exclusive power to determine that question, and its decision can no more be questioned

or reviewed than the decisions of this court in a case over which it has jurisdiction

The Van Kleeck case has been cited in four other Colorado cases involving the use of the

public exception clause in municipal ordinances or actions taken by a governmental body.

IV. Legislative Practice on Using the Safety Clause

Sometime in the mid-1930's, the use of the safety clause in bills became a regular practice of

the General Assembly. The inclusion of the safety clause was presumed.

In the mid-1990's, questions were raised regarding the practice of the General Assembly in

using the safety clause. The criticism generally was: That the General Assembly was

preventing the right of the people to do rescission referendums; and that bills to which the

Van Kleeck v. Ramer, 62 Colo. 4, 10-11, 156 P. 1108, 1110 (1916).

Id. at 11-12, 156 P. at 1111.

Fladung v. City of Boulder, 160 Colo. 271, 417 P. 2d 787 (1966); Enger v. Walker Field, 181 Colo. 253, 508

P. 2d 1245 (1973); McKee v. Louisville, 200 Colo. 525, 616 P.2d 969 (1980); Cavanaugh v. State, Dept. of Social Services,

644 P. 2d 1 (Colo. 1982).

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General Assembly had attached a safety clause were not truly measures critical to the

immediate preservation of the public peace, health, or safety.

Legislators also began asking the Office of Legislative Legal Services (hereafter the "Office")

to not include safety clauses on their bills.

In January of 1997, the Executive Committee of Legislative Council directed the Office to

implement a new procedure regarding safety clauses. A copy of the directive is attached. The

directive, which has been continued to the present day, changed the default position of the

Office from automatic inclusion of a safety clause to inclusion only upon direction of the

requesting member. The directive requires drafters to specifically ask every member whether

or not they want a safety clause. The practice of the Office has been to attempt to ask the

question either when a legislator initially files the bill request with the Office or prior to

putting the bill on billpaper for introduction.

V. Issues for Consideration in Using a Safety Clause under the Executive Committee's

Directive

The decision to place a safety clause on a bill should not be made lightly. By exercising this

exception, the General Assembly prevents the people from exercising their constitutional

right to petition and vote on whether an act or a part of an act passed by the General

Assembly should become law.

The 1997 directive directs the Office to inform the members to consider that some bills may

require a safety clause if it is necessary for the bills to take effect on or before July 1.

Some of the drafting issues to be considered by a sponsor who elects to not use a safety

clause on a bill include the following:

Does the bill have an effective date? As noted in the 1997 directive, in In re Interrogatories of

the Governor, 66 Colo. 319, 181 P. 197 (1919), the Colorado Supreme Court held that, in

order to allow the opportunity for filing a "rescission" referendum petition for ninety days

after the legislative session, any bill without a safety clause could not take effect for ninety

days. Because of that decision, the Office is directed to inform the member that if he or she

wants to be sure that a bill adopted by the General Assembly and approved by the Governor

would take effect prior to the ninety-first day after the session, the bill would need to have a

safety clause.

This advice is based on the position that the holding in the case cited above means that a bill

could not specify an effective date before or during the ninety-day period. The rationale for

this position is that it would lead to absurd results if a bill was purported to become effective

and have consequences imposed under the terms of the bill on one date only to have the bill

become ineffective, pending an election, if a petition is filed.

Does a particular bill require a safety clause? The 1997 directive indicates that examples of

bills that a member might consider necessary to take effect prior to the end of the ninety-day

period following adjournment include bills that impose new criminal penalties or bills that

relate to fiscal or tax policy that are intended to apply to either the current fiscal year or to

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the entire upcoming fiscal year.

What should the bill use in lieu of a safety clause? For bills that do not have a safety

clause, the Office was directed to develop a series of standard clauses that express an

effective day for the bill in the context of the ninety-day period to provide for certainty about

when a bill takes effect. These effective date clauses build in the contingencies that might

occur if a referendum petition is filed, if an election is held and approved by the people, and

when the official declaration of the vote is proclaimed by the people.

For example, if a member elects to not have a safety clause and it is intended that the bill

take effect at the earliest possible date, then the following general effective date clause is used in

the bill:

SECTION __. Effective date. This act shall take effect at 12:01 a.m. on the day

following the expiration of the ninety-day period after final adjournment of the general

assembly that is allowed for submitting a referendum petition pursuant to article V, section

1 (3) of the state constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008);

except that, if a referendum petition is filed against this act or an item, section, or part of this

act within such period, then the act, item, section, or part, if approved by the people, shall

take effect on the date of the official declaration of the vote thereon by proclamation of the

governor.

The clause above may be customized to add an applicability clause or a statement that a bill

takes effect on a specified fixed date subsequent to the expiration of the ninety-day period

following adjournment.

VI. Recent Developments

In recent years, increased attention has been focused on the appropriateness of the use of

safety clauses. This has particularly been the case when a safety clause is used solely for the

purpose of having a bill take effect coincidentally with the start of a fiscal year that

commences on July 1 following a legislative session. Accordingly, the General Assembly

may want to direct that the Office re-examine the bill examples contained in the 1997

directive for the purpose of providing more appropriate and clearer assistance to the

members when they are making their judgements about whether or not to include a safety

clause.

As previously noted in this memorandum, court decisions indicate that the determinations

made by the General Assembly regarding the appropriateness of the use of safety clauses are

solely the prerogative of the body. However, since this issue has not been formally addressed

since 1997, the General Assembly may also want to assess whether the 1997 directive has

required this Office and the members to place sufficient emphasis on the fact that the use of a

safety clause is in derogation of the right to seek a referendum petition.

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F.2.2. Executive Committee Memo Regarding Use of Safety Clauses

EXECUTIVE COMMITTEE MEMORANDUM

January 15, 1997

TO: Office of Legislative Legal Services

FROM: Executive Committee of Legislative Council

RE: Use of Safety Clauses

For bills prepared after this date, we are hereby directing your Office to implement the following

procedures regarding Safety Clauses:

1. You should no longer assume that members want a safety clause on their bills. You

should ask each member making a bill request whether or not the member wants to

include a Safety Clause.

2. You should inform the member that a Colorado Supreme Court decision indicates that bills

without a Safety Clause cannot take effect prior to the expiration of the ninety-day

period following adjournment of the General Assembly, the period that is allowed for filing

referendum petitions against such bills.

3. In view of the ninety-day requirement for bills without a safety clause, you should be sure to

inform the members, particularly newly elected members, that there are certain bills that

may need to take effect on July 1 or before. These could include bills imposing new

criminal penalties and bills that relate to fiscal or tax policy that are intended to apply to

either the current fiscal year or to the entire upcoming fiscal year.

4. For bills that are prepared without a Safety Clause, you should include a standard clause

that expresses an effective date for the bill in the context of the requirement for the

ninety-day period, unless the member directs otherwise.

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F.2.3. OLLS Memo Regarding Use of Safety Clauses

MEMORANDUM TO MEMBERS

February 13, 2009

TO: Members of the General Assembly

FROM: Office of Legislative Legal Services

RE: Use of Safety Clauses [OLLS Memo]

Pursuant to a directive from the Executive Committee, we must ask you whether or not you want

a safety clause on each bill that you request. When answering this question for your bills, you

should consider the following:

A bill with a safety clause:

! Is not subject to the citizens' right to file a referendum petition against all or any part

of the bill.

! Can take effect immediately after the Governor signs it or allows it to become law.

This may be necessary for any bill that addresses a matter that constitutes an

emergency, that requires an immediate change in the law, or that must take effect

prior to or on the first day of a fiscal year (July 1).

A bill without a safety clause:

! Is subject to the citizens' right to file a referendum petition against all or any part of

the bill. The earliest date that this bill can take effect is the day after the

expiration of the ninety-day period following adjournment of the General

Assembly. If a referendum petition is filed during that ninety-day period, the bill or

part of the bill cannot take effect until approved by the voters at an even-year,

state-wide election.

! Should contain a special effective date clause that indicates that the act is subject to

petition and explains the alternative effective dates that will apply.

Colorado court decisions indicate that the General Assembly's determinations regarding the

appropriateness of the use of a safety clause for any particular bill is a matter that is within the sole

discretion of the General Assembly. In recent years, there has been debate about the use of the safety

clause, and some members have argued that the General Assembly should not use the safety clause

as often as has previously been the case. You should be aware that there may be further discussions

in the legislative process about your decision to include a safety clause.

The right is recognized in section 1 (3) of article V of the Colorado constitution.

This clause contains the following headnote: "SECTION 2. Act subject to petition - effective date."

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F.3. Statutory Legislative Declaration And Intent Statements: The

Colorado Perspective

Note: This is an outline of a presentation by Alice Boler Ackerman for the OLLS in-house training

program. The last presentation was made in the fall of 1997. The outline has been updated and is

current as of September 1999.

! To Include or not Include - That is the Bill Drafter's Dilemma

! There are no rules for including legislative declaration or legislative intent

statements in the Colorado drafting manual but here are some "informal"

rules.

! A statement should not be characterized as "legislative intent" when

it is really a "legislative declaration" and vice versa.

! A legislative intent statement should accurately reflect the intent of

the General Assembly and remain accurate as the bill is amended in

the legislative process.

! A legislative intent statement should not create any kind of right or

prohibit any action and not otherwise create substantive law.

! A legislative intent statement should not be ambiguous.

! A legislative intent statement should not be a substitute for precise

and accurate legislative bill drafting.

! Read Legislative Lawyer article

! Purpose of presentation

! Make sure you understand the difference between legislative

declaration and legislative intent statements and the different types of

statements.

! Think about whether legislative declaration sections are included in

bills at the member's insistence or are you just in the habit of

including them.

! Think more about how to discourage members who are insisting on a

legislative declaration or legislative intent statement.

! Think more about the actual words used in legislative declarations -

are they true or do you just think they are true -- do the words

accurately reflect the G.A.'s intent.

! Think about whether you are making substantive statements in a

legislative declaration section or creating any kind of substantive

right.

! Why Legislators ask for Legislative Declaration Statements or Legislative Intent

Statements

! Use facts to justify enactment of the bill and promote its passage

! Provide a brief summary of the bill

! Provide information to public and guide those who are to administer the law

! If challenged constitutionally, set forth a justification that will stand up in

court

! Legislative Declaration Statements vs. Legislative Intent Statements

! Is there a difference?

! Declaration

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! Dictionary definition - Explicit or formal statement or

announcement

! Statement of the reasons for a desired result

! Intent

! Dictionary definition - That which is intended; aim; purpose;

state of mind operative at the time of an action

! Statement of the desired result

! Is there a "real" difference?

! Legislative declaration statements ("The general assembly hereby

finds and declares . . .) occur more often in Colorado statutes than

legislative intent statements. ("The general assembly intends . . ." or

"It is the intent of the general assembly . . .): Approximately 550

references versus approximately 275 references

! Most legislative intent statements are found under statutory sections

titled "Legislative declaration."

! Sometimes legislative declaration statements are really legislative

intent statements.

! Types of Legislative Declaration and Legislative Intent Statements

! "Fluff" or "feel good" statements

! Example: Establishment of state folk dance -- "joyful expression of

the vibrant spirit of the people of the United States and the American

people value the display of etiquette among men and women, which

is a major element of square dancing"; "It is fitting that the square

dance be added to the array of symbols of our state character and

pride."

! Inclusion as nonstatutory material

! "Good public policy" or "goal" statements

! Statements with "no teeth"

! Examples:

! Encourage non-English-speaking citizens to vote -- 1-1-103

(2), C.R.S. Question: Does making it easier to register really

"encourage people to vote"?

! Encourage attendance at baseball games by limiting liability

-- 13-21-120 (2), C.R.S.

! Right of homeless child to educational opportunities --

22-1-102.5, C.R.S. Question: Is there really a need to single

out the education of a homeless child? Not really - the

problem here is that the state is required to offer all children a

free public education - the law says a child goes to school in

the school district in which she and her parents reside - if you

are homeless you have no residence, so where do you go to

school? - that is the problem the GA which trying to resolve -

was there a need to explain that?

! Privatization of government services not to result in

diminished quality -- 24-50-501, C.R.S.

! Substantive statements

! Inclusion solely to show intent

! Statements of what the General Assembly did intend

! Reinstatement of death penalty -- 16-11-801, C.R.S.

! Extension of statute of limitations -- 13-80-103.7, C.R.S.

! Statements of what the General Assembly did not intend

! Change of term "visitation" to "parenting time" -- 14-10-103

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(3), C.R.S.

! Funding for aviation -- 43-10-109 (2)(c), C.R.S.

! Inclusion in anticipation of challenge in court case

! Residency requirements -- 8-2-120, C.R.S.

! Business incentives ("United Airlines") -- 24-46.5-101, C.R.S.

! Implementation of tax and spending limit -- 24-77-101,

C.R.S.

! Inclusion in response to court cases

! Funding of public assistance and welfare programs --

26-1-126.5 and 2-4-215, C.R.S.

! Statutory programs subject to available appropriation --

2-4-216, C.R.S.

! Applicability of statute of limitations for sexual offenses

against children -- 16-5-401.1, C.R.S.

! Inclusion to show connection between special session call item and

proposed bill

! HB 91S2-1027 - funding of education and medicaid and

changes in tax procedures

! Substantive statements usually are included as statutory material

! Role of Legislative Declaration and Legislative Intent Statements

! Statutory provision clearly provides for their use when a statute is ambiguous

! Section 2-4-203. Ambiguous statutes - aids in construction. (1) If a

statute is ambiguous, the court, in determining the intention of the

general assembly, may consider among other matters: (g) The

legislative declaration or purpose.

! Court decisions

! Use of statements in construing scope and effect of statute

! "In construing the scope and effect of a statute, [the court

must] seek out the intent of the legislature in voting its

passage. Perhaps the best guide to intent is declaration of

policy which frequently forms the initial part of an

enactment". St. Luke's Hosp. v. Industrial Comm'n, 142 Colo.

28, 32, 349 P.2d 995, 997 (1960).

! Use of statements in determining whether the statute promotes a

public purpose

! "Although the expressed intent of the legislature has no

magical quality which validates the invalid, it is entitled to

relevant weight in determining whether the Act promotes a

public purpose." Allardice v. Adams County, 173 Colo. 133,

147, 476 P.2d 982, 989 (1970).

! "We conclude that [section] 10-1-127 (1.5)(a) is a clear

expression of public policy that is sufficient to support

plaintiff's retaliatory discharge claim." Flores v. American

Pharmaceutical Services, Inc., 98CA0158 (July 8, 1999).

! Weight to be given statements

! "And, in construing statutes courts should ascertain and give

effect to intention of the legislature as such is expressed in the

statute itself and, conversely, courts should not interpret a

law to mean that which it does not express. People ex rel.

Marks v. District Court, 161 Colo. 14, 24, 420 P.2d 236, 241

(1966).

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! "Legislative intent which is clearly expressed must be given

effect. Pigford v. People, 197 Colo. 358, 360, 593 P.2d 354, 356

(1979).

! "While the statutory declaration [of the legislature] is

relevant, it is not binding". City and County of Denver v. State of

Colorado, 788 P.2d 764, 768 (Colo. 1990).

! Weight to be given statements written subsequent to the statute itself

! "While subsequent legislative declarations concerning the

intent of an earlier statute are not controlling, they are

entitled to significant weight." People v. Holland, 708 P.2d 119,

120-121 (Colo. 1985).

! Consideration of Specific Legislative Declaration or Legislative Intent Statements by

Courts

! Statements considered but disregarded by court

! Residency requirements -- "In summary, we hold that the residency

of the employees of a home rule municipality is of local concern.

Thus, section 8-2-120 does not limit the authority of home rule

municipalities to enact charter provisions or ordinances requiring

employees to reside within the corporate limits of the municipality as

a condition of continuing employment." City and County of Denver v.

State of Colorado, 788 P.2d 764, 772 (Colo 1990)

! Statements considered and given weight by court

! Business incentives -- "The General Assembly has found that "the

public purpose to be served by the passage of this article outweighs

all other individual interests. On this record, and within this original

proceeding, we cannot say that the General Assembly's

determination of a predominating public purpose is either in bad

faith or erroneous." In re Interrogatory Propounded by Governor, 814

P.2d 875, 884 (Colo. 1991).

! Statute of limitations -- "We conclude that the specific and explicit

statement of legislative intent in section 16-5-401.1 is sufficient to

overcome the general presumptions relied on by the trial court . . .".

People v. Holland, 708 P.2d 119, 121 (Colo. 1985).

! Statute of limitations -- "We are satisfied that this specific expression

of legislative intent . . . is sufficient to overcome the presumption of

prospective operation." People v. Midgley, 714 P.2d 902, 903 (1986).

! Property tax abatement and refund provisions -- "Under these

circumstances, we conclude that, in amending 39-10-114 in 1988, the

General Assembly intended to provide taxpayers the opportunity to

utilize the abatement and refund provisions for the purpose of

challenging an overvaluation." Portofino v. Bd. of Assessment

Appeals, 820 P.2d 1157, 1160 (Colo. App. 1981).

! Statements which create substantive rights

! General rule is that a legislative intent statement does not confer

power or determine rights (See Sutherland's Statutory Construction)

! Reproductive Health Services v. Webster (U.S. Supreme Court -

1989) -- Supreme Court reviewed legislative findings in the

preamble contained in the Missouri legislation: 1) "Life of

each human being begins at conception" 2) "Unborn children

have protectable interests in life, health and well-being" 3)

"All Missouri laws must be interpreted to provide unborn

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children with the same rights enjoyed by other persons . . ."

! Spawned strange cases probably unintended by the Missouri

Legislature or the U.S. Supreme Court

! 2 separate cases brought to dismiss criminal trespass charges

against anti-abortion demonstrators - under an 1981 law,

persons accused of some crimes, including trespassing, may

offer a defense that their actions were justified as an

emergency measure to avoid an imminent public or private

injury - demonstrators alleged actions were justified by the

desire to save the lives of unborn children - charges were

dismissed

! 20-year old charged with drunk driving argued he should be

treated as a 21 year old because his actual age should be

calculated from conception, not from birth - argument was

rejected in circuit court but was appealed - don't know what

happened

! Pregnant woman jailed for theft and forgery argued that she

should be released since her fetus has been wrongfully

imprisoned

! Civil rights -- "The relevant portions of that statute [24-34-801] confer

new rights and duties, unknown at common law . . . Silverstein v.

Sisters of Charity, 38 Colo. App. 286, 288, 559 P.2d 716 (1976)

! Rules from Other States on Use of Legislative Declaration and Legislative Intent Statements

! North Dakota

! Legislative intent statements "should not be used".

! If bill is properly drafted, the intent is self-evident. Additionally, the

declaration of finding or intent may be used for a purpose unintended

by the drafter.

! Wisconsin

! Statement of legislative intent, purpose or findings "should not be

included in a measure"

! Redundancy

! Conflict

! Misuse of undefined terms

! Unforseen effects

! Misuse of argumentative language

! Two exceptions

! Recodifications - the usual presumption applied to legislation

that amends a statute is that a change in statutory language

implies an intentional change in substance. A statement of

legislative intent or purpose is appropriate in a recodification

bill to rebut this presumption

! Constitutionality - following are instances in which

statements may aid courts in determining that the challenged

statutes had reasonable bases when the presumption of

constitutionality alone is insufficient: 1) Where it is alleged

that an act conflicts with a specific constitutional prohibition,

the statement may recite facts that indicate the act's

compliance with the constitutional requirements and indicate

the legislative view concerning construction and application

of constitutional provisions; and 2) Where it is alleged that an

act is unreasonable or arbitrary, a statement may be used to

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show facts or policy that constitute a reasonable basis for the

legislature's classification.

! No statement of legislative intent, purpose, or findings may be

included in a bill without the approval of the chief counsel.

! Wisconsin's rules to use in drafting statements

! Facts set forth in a statement of findings must either relate

directly to an emergency condition necessitating a specific

statute or, if more general, must not appear susceptible to

significant change.

! Statement of intent or purpose must not grant rights, prohibit

actions, establish substantive standards or otherwise create

substantive law.

! Statement of intent or purpose must pertain only to the

particular law in question and relate directly to that law.

! Statement of intent or purpose must not be so narrowly

drawn that it fails to address all of an act's clearly potential

infirmities.

! Language of statement of intent or purpose must not be

equivocal or ambiguous.

! Conclusion

1-1-103. Election code liberally construed. (2) It is also the intent of the general

assembly that non-English-speaking citizens, like all other citizens, should be encouraged

to vote. Therefore, appropriate efforts should be made to minimize obstacles to registration

by citizens who lack sufficient skill in English to register without assistance.

13-21-120. Colorado baseball spectator safety act - legislative declaration -

limitation on actions - duty to post warning notice. (2) The general assembly recognizes

that persons who attend professional baseball games may incur injuries as a result of the

risks involved in being a spectator at such baseball games. However, the general assembly

also finds that attendance at such professional baseball games provides a wholesome and

healthy family activity which should be encouraged. The general assembly further finds that

the state will derive economic benefit from spectators attending professional baseball games.

It is therefore the intent of the general assembly to encourage attendance at professional

baseball games. Limiting the civil liability of those who own professional baseball teams

and those who own stadiums where professional baseball games are played will help contain

costs, keeping ticket prices more affordable.

22-1-102.5. Definition of homeless child. (1) The general assembly hereby finds

and declares that, because of the growing number of children and families who are homeless

in Colorado, there is a need to ensure that all homeless children receive a proper education.

It is the intent of the general assembly that no child shall be denied the benefits of a free

education in the public schools because the child is homeless.

24-50-501. Legislative declaration. Recognizing that the adoption of section 20

of article X of the state constitution at the 1992 general election has imposed strict new

constraints on state government, it is hereby declared to be the policy of this state to

encourage the use of private contractors for personal services to achieve increased efficiency

in the delivery of government services, without undermining the principles of the state

personnel system requiring competence in state government and the avoidance of political

patronage. The general assembly recognizes that such contracting may result in variances

from legislatively mandated pay scales and other employment practices that apply to the

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state personnel system. In order to ensure that such privatization of government services

does not subvert the policies underlying the civil service system, the purpose of this part 5

is to balance the benefits of privatization of personal services against its impact upon the

state personnel system as a whole. The general assembly finds and declares that, in the use

of private contractors for personal services, the dangers of arbitrary and capricious political

action or patronage and the promotion of competence in the provision of government

services are adequately safeguarded by existing laws on public procurement, public

contracts, financial administration, employment practices, ethics in government, licensure,

certification, open meetings, open records, and the provisions of this part 5. Recognizing

that the ultimate beneficiaries of all government services are the citizens of the state of

Colorado, it is the intent of the general assembly that privatization of government services

not result in diminished quality in order to save money.

16-11-801. Applicability of procedure for the imposition of sentences in class

1 felony cases. (1) It is the expressed intention of the general assembly that there be no

hiatus in the imposition of the death penalty as a sentence for the commission of a class 1

felony in the state of Colorado as a result of the holding of the Colorado supreme court in

People v. Young, 814 P.2d 834 (Colo. 1991). Toward that end, the provisions of section

16-11-103, as it existed prior to the enactment of Senate Bill 78, enacted at the Second

Regular Session of the Fifty-sixth General Assembly, to the extent such provisions were not

automatically revitalized by the operation of law, are reenacted as section 16-11-802 and are

hereby made applicable to offenses committed on or after July 1, 1988, and prior to

September 20, 1991.

(2) It is the intent of the general assembly that this part 8 is independent from

section 16-11-103 and that if any provision of this part 8 or the application thereof to any

person or circumstance is held to be invalid or unconstitutional, such invalidity or

unconstitutionality shall not affect the application of section 16-11-103 to any offense

committed on or after September 20, 1991.

13-80-103.7. General limitation of actions - sexual assault or sexual offense

against a child - six years. (3.5) (d) It is the intent of the general assembly in enacting this

subsection (3.5) to extend the statute of limitations as to civil actions based on offenses

described in subsection (1) of this section as amended on July 1, 1993, for which the

applicable statute of limitations in effect prior to July 1, 1993, has not yet run on July 1,

1993.

(4) It is the intent of the general assembly in enacting this section to extend the

statute of limitations as to civil actions based on offenses described in subsection (1) of this

section for which the applicable statute of limitations in effect prior to July 1, 1990, has not

yet run on July 1, 1990.

14-10-103. Definition and interpretation of terms. (3) On and after July 1, 1993,

the term "visitation" has been changed to "parenting time". It is not the intent of the general

assembly to modify or change the meaning of the term "visitation" nor to alter the legal

rights of a noncustodial parent with respect to the child as a result of changing the term

"visitation" to "parenting time".

43-10-109. Aviation fund created. (2) (c) It is not the intent of the general

assembly that the money available for expenditure pursuant to the provisions of this

subsection (2) be used to supplant any federal money which may be available to airports,

governmental entities operating public-accessible airports, or the division pursuant to federal

law.

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8-2-120. Residency requirements prohibited for public employment -

legislative declaration. (1) The general assembly hereby finds, determines, and declares

that the imposition of residency requirements by public employers works to the detriment

of the public health, welfare, and morale as well as to the detriment of the economic

well-being of the state. The general assembly further finds, determines, and declares that the

right of the individual to work in or for any local government is a matter of statewide

concern and accordingly the provisions of this section preempt any provisions of any such

local government to the contrary. The general assembly declares that the problem and

hardships to the citizens of this state occasioned by the imposition of employee residency

requirements far outweigh any gain devolving to the public employer from the imposition

of said requirements.

24-46.5-101. Legislative declaration. (1) The general assembly hereby finds and

declares:

(a) That the health, safety, and welfare of the people of this state are dependent

upon the continued encouragement, development, and expansion of opportunities for

employment in the private sector in this state;

(b) That the economic history of this state has been characterized by a "boom and

bust" cycle resulting in severe social and economic dislocation and dramatic fluctuation in

economic activity and public revenues;

economic stability;

(d) That it is vital to the continued development of economic opportunity in this

state, including the development of new businesses and the expansion of existing businesses,

that this state provide additional incentives to entities making a commitment to build and

operate new business facilities which will result in substantial and long-term expansion of

new employment within this state; and

(e) That the public purpose to be served by the passage of this article outweighs all

other individual interests.

24-77-101. Legislative declaration. (1) The general assembly hereby finds and

declares that:

(a) Section 20 of article X of the state constitution, which was approved by the

registered electors of this state at the 1992 general election, limits fiscal year spending of

the state government;

(b) It is within the legislative prerogative of the general assembly to enact

legislation which will facilitate the operation of section 20 of article X;

spending limit and legislation to implement section 20 of article X as it relates to state

government is a reasonable and necessary exercise of the legislative prerogative;

(d) In interpreting the provisions of section 20 of article X, the general assembly

has attempted to give the words of said constitutional provision their natural and obvious

significance;

(e) Where the meaning of section 20 of article X is uncertain, the general assembly

has attempted to ascertain the intent of those who adopted the measure and, when

appropriate, the intent of the proponents, as well as to apply other generally accepted rules

of construction;

(f) The content of this article represents the considered judgment of the general

assembly as to the meaning of the provisions of section 20 of article X as it relates to state

government.

26-1-126.5. Effect of supreme court's interpretation of section 26-1-126,

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creating the county contingency fund for public assistance and welfare programs. The

general assembly hereby finds and declares that the Colorado supreme court decision

entitled Colorado Department of Social Services v. Board of County Commissioners of the

County of Pueblo and Samuel J. Corsentino, No. 83SA316, March 11, 1985, which

interpreted section 26-1-126 to require the general assembly to fully fund the county

contingency fund, leaving no discretion with the general assembly to determine annually the

level of funding of said fund, has not been adopted by the general assembly. The general

assembly specifically rejects this interpretation and any implication in such decision which

would result in any state liability for amounts not appropriated for such fund in previous

fiscal years.

2-4-215. Each general assembly a separate entity - future general assemblies

not bound by acts of previous general assemblies. (1) The general assembly finds and

declares, pursuant to the constitution of the state of Colorado, that each general assembly

is a separate entity, and the acts of one general assembly are not binding on future general

assemblies. Accordingly, no legislation passed by one general assembly requiring an

appropriation shall bind future general assemblies.

(2) Furthermore, the general assembly finds and declares that when a statute

provides for the proration of amounts in the event appropriations are insufficient, the general

assembly has not committed itself to any particular level of funding, does not create any

rights in the ultimate recipients of such funding or in any political subdivision or agency

which administers such funds, and clearly intends that the level of funding under such a

statute is in the full and complete discretion of the general assembly.

2-4-216. Limitations on statutory programs. (1) When the general assembly

creates statutory programs which are not required by federal law and which offer and

provide services or assistance or both to persons in this state, the general assembly gives rise

to a reasonable expectation that such services or assistance or both will be provided by the

state in a manner consistent with the statutes which created the programs. However, the

general assembly does not commit itself or the taxpayers of the state to the provision of a

particular level of funding for such programs and does not create rights in the ultimate

recipient to a particular level of service or assistance or both. The general assembly intends

that the level of funding, and thus the level of service or assistance or both, shall be in the

full and complete discretion of the general assembly, consistent with the statute which

created the program.

(2) In the statutes creating some of these programs, the general assembly expressly

conditions any rights arising under such programs by the use of the words "within available

appropriations" or "subject to available appropriations" or similar words of limitation. The

purpose of the use of these words of limitation is to reaffirm the principles set forth in

subsection (1) of this section.

(3) At the time such a program is created, the general assembly appropriates funds

for its implementation, taking into account many factors, including but not limited to the

availability of revenues, the importance of the program, and needs of recipients when

balanced with the needs of recipients under other state programs. The amount of the initial

appropriation indicates a program's priority in relation to other state programs. The general

assembly reasonably expects that the priority of the program will be subject to annual

changes which will be reflected in the modification of the annual appropriation for the

program. If the general assembly desires a substantive change in the program, or to eliminate

the program, that can be accomplished by amendment of the statutory law which created the

program.

(4) It is the purpose of the general assembly, through the enactment of this section,

to clarify that the rights, if any, created through the enactment of statutory programs are

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subject to substantial modification through the annual appropriation process, so long as the

modification is consistent with the statute which created the program.

16-5-401.1. Legislative intent in enacting section 16-5-401 (6) and (7). (1) The

intent of the general assembly in enacting section 16-5-401 (6) and (7) in 1982 was to create

a ten-year statute of limitations as to offenses specified in said subsections committed on or

after July 1, 1979.

18-3-411. Sex offenses against children - unlawful sexual offense defined -

limitation for commencing proceedings - evidence - statutory privilege. (2) No person

shall be prosecuted, tried, or punished for an unlawful sexual offense other than the

misdemeanor offense specified in section 18-3-404, unless the indictment, information,

complaint, or action for the same is found or instituted within ten years after commission

of the offense. No person shall be prosecuted, tried, or punished for a misdemeanor offense

specified in section 18-3-404, unless the indictment, information, complaint, or action for

the same is found or instituted within five years after the commission of the offense. The

ten-year statute of limitations shall apply to all offenses specified in subsection (1) of this

section which are alleged to have occurred on or after July 1, 1979.

Senate Bill 91-231

SECTION 1. Legislative declaration. The general assembly declares that Senate

Bill No. 184 was enacted by the fifty-sixth general assembly in the second regular session

with the intent of extending to any taxpayer the right to petition for an abatement or refund

of property taxes levied erroneously or illegally due to an overvaluation of such taxpayer's

property. In an opinion filed on February 7, 1991, the Colorado court of appeals stated that

a more definitive statutory clarification was necessary for the general assembly to effectuate

a change in the property tax scheme that would allow a taxpayer to petition for an abatement

or refund for essentially all errors in valuation. The general assembly further declares that

Senate Bill 91-231 was enacted by the fifty-eighth general assembly in its first regular

session with the intent of clarifying that said statutory interpretation by the Colorado court

of appeals was incorrect and that said right has existed since the enactment of Senate Bill

No. 184 and shall continue to exist.

24-34-801. Legislative declaration. (1) The general assembly hereby declares that

it is the policy of the state:

(a) To encourage and enable the blind, the visually impaired, the deaf, the partially

deaf, and the otherwise physically disabled to participate fully in the social and economic

life of the state and to engage in remunerative employment;

(b) That the blind, the visually impaired, the deaf, the partially deaf, and the

otherwise physically disabled shall be employed in the state service, the service of the

political subdivisions of the state, the public schools, and in all other employment supported

in whole or in part by public funds on the same terms and conditions as the able-bodied

unless it is shown that the particular disability prevents the performance of the work

involved;

otherwise physically disabled have the same rights as the able-bodied to the full and free use

of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other

public places;

(d) That the blind, the visually impaired, the deaf, the partially deaf, and the

otherwise physically disabled are entitled to full and equal housing and full and equal

accommodations, advantages, facilities, and privileges of all common carriers, airplanes,

motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public

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conveyances or modes of transportation, hotels, motels, lodging places, places of public

accommodation, amusement, or resort, and other places to which the general public is

invited, including restaurants and grocery stores; and that the blind, the visually impaired,

the deaf, the partially deaf, or the otherwise physically disabled person assume the liability

for any injury that he or she might sustain which is attributable solely to causes originating

with the nature of the particular disability involved and otherwise subject only to the

conditions and limitations established by law and applicable alike to all persons;

(e) That every totally or partially blind person, every totally or partially deaf

person, or any otherwise physically disabled person shall have the right to be accompanied

by a guide dog, a service dog, or other dog, which dog is especially trained or is being

trained by a qualified trainer for the purpose of aiding any such person, in any of the places

listed in paragraph (d) of this subsection (1) without being required to pay an extra charge

for any such dog; except that he shall be liable for any damage done to the premises or

facilities by such dog. Any qualified trainer who is training a dog for use by a totally or

partially blind, totally or partially deaf, or physically disabled person shall also have the

right to be accompanied by such dog in the same manner and with the same liability as the

disabled person; except that such a qualified trainer shall not have the right to be

accompanied by a guide or service dog if the dog presents an imminent danger to the public

health or safety. Any dog being trained for the purpose of aiding a disabled person shall be

visibly and prominently identified as a guide or service dog in training.

(f) That no person who is totally or partially blind, totally or partially deaf, or

otherwise physically disabled and who is the owner of a guide dog, service dog, or other dog

trained for the purpose of aiding such person shall be required to pay an annual license fee

for such dog.

10-1-127. Fraudulent insurance acts - immunity for furnishing information

relating to suspected insurance fraud - legislative declaration. (1.5) (a) The general

assembly finds and declares that insurance fraud is expensive. Insurance fraud increases

premiums and places businesses at risk. Insurance fraud reduces consumers' ability to raise

their standard of living and decreases the economic vitality of this state. The general

assembly further finds and declares that the state of Colorado must aggressively confront

the problem of insurance fraud by facilitating the detection of and reducing the occurrence

of fraud through stricter enforcement and deterrence and by increasing the partnership

among consumers, the insurance industry, and the state in coordinating efforts to combat

insurance fraud.

(b) Colorado has addressed insurance fraud in various statutes, including but not

limited to the civil and administrative provisions found in this section, section 10-4-708.6,

part 4 of article 2 of this title, parts 1, 2, 9, and 11 of article 3 of this title, and numerous

other provisions of this title. It has also been addressed in criminal provisions found in parts

1, 2, and 3 of article 2 of title 18, part 1 of article 4 of title 18, part 1 of article 5 of title 18,

and section 18-5-205, C.R.S. These statutory provisions impose regulatory oversight and

severe civil and criminal penalties on authorized and unauthorized insurance companies and

other persons who commit insurance fraud. The purpose of this section is to further improve

regulatory oversight of licensed persons who commit insurance fraud and provide additional

remedies to aggrieved persons.

APPENDIX F

MATERIALS RELATING TO BILL DRAFTING F-39

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

F.4 Special Drafting Guidelines

F.4.1. Guidelines for When to Update Statutes Regarding the Present

Tense, Active Voice, and Authority Verbs

1. The determination of whether to update

existing statutory language is primarily one for the

attorney drafting the bill to make. If updating seems advisable under section 4 but the drafter

has not updated a statute, a revisor should raise the issue with the drafter and should

consider whether to include the updates in the current version of the bill or the next draft of

the bill.

a. LEs do not need to suggest updates to bills.

b. LEs should raise a concern if they notice conflicting updates between bills or within

a bill.

2. The attorney should comply with the drafting manual

concerning the use of the present

tense, active voice, and authority verbs (unless doing so is likely to create ambiguity) when a

bill adds:

a. An entirely new subdivision of law; or

b. An entirely new sentence within an existing subdivision of law. In doing so, the

attorney should consider whether the rest of the subdivision should be updated - see

section 4.

3. Do not update a subdivision of law that is not already in a bill for other, substantive reasons.

This does not prevent:

a. Updating an introductory portion of law that is not otherwise being amended and

therefore wouldn't otherwise be in the amending clause.

b. Updating an entire section or other multi-part subdivision of law if doing so is

helpful for other reasons, for example, most of the subdivisions of the section or

subdivision are already being amended or it's important to show the context of the

section or subdivision.

4. In determining whether to update existing statutory language, an attorney should consider:

a. Whether updating the language is likely to create ambiguity or have any substantive

effect.

b. Whether the existing language has been construed by case law. If so, the attorney

should not update the language unless doing so would clearly not affect the

reasoning or result of the case.

c. Whether the existing language relates to a particularly sensitive issue. If so, the

language should probably be left alone.

d. Whether the sponsor of the bill or the committee where it will probably be heard are

likely to be concerned with each and every statutory change.

e. The resulting work load on the publication and bill production processes, including

For purposes of these guidelines, "update" means to amend an existing statute to make it comply with

the drafting manual concerning the use of the present tense, active voice, and authority verbs (that is, "shall",

"may", "must", and "need").

Refer to the drafting manual, pages 5-15 through 5-19.

APPENDIX F

F-40 MATERIALS RELATING TO BILL DRAFTING

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on LEs, revisors, and the pub team. Updating in a 5- or 10-page bill has a very

different impact than doing so in a 50-page bill. Updating sections of law that are in

the bill only as conforming amendments may be unduly burdensome if there are

many conforming amendments.

APPENDIX F

MATERIALS RELATING TO BILL DRAFTING F-41

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

F.4.2. House Bill 13-1029: Use of Authority Verbs in the C.R.S.

HOUSE BILL 13-1029

BY REPRESENTATIVE(S) Levy and Gardner, Labuda, Murray, Waller, Buckner, Court,

Exum, Fields, Gerou, Hullinghorst, Kagan, Landgraf, Lawrence, Lebsock, McLachlan,

Melton, Mitsch Bush, Pabon, Salazar, Schafer, Williams, Ferrandino;

also SENATOR(S) Roberts and Schwartz, Brophy, Morse, Aguilar, Hudak, Newell,

Steadman.

CONCERNING THE USE OF AUTHORITY VERBS IN THE COLORADO REVISED STATUTES.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Legislative declaration. (1) The general assembly hereby:

(a) Finds that:

(I) Courts presume that, in the absence of any manifest indication to the contrary,

the meaning attributed to the words used in one part of the statutes should be ascribed to the

same words found elsewhere in the statutes; and

(II) Many statutes have been written in the passive voice and future tense, including

the use of the word "shall" as a future tense verb;

(b) Determines that:

(I) Drafting statutes, when possible, in the active voice and present tense will clarify

the general assembly's intent; and

(II) In order to clarify the general assembly's use of the authority verbs "must" and

"shall", it is useful to use different words to distinguish between:

(A) The imposition of a duty on a person; and

(B) The creation of a condition to which a person or thing is subject but as to which

there is no duty to act; and

(I) Passage of this act is not intended to alter the interpretation of a statute enacted

before the effective date of this act; and

(II) While this act creates standard definitions of the words "must" and "shall", the

determination of the proper meanings to be attributed to the words "must" and "shall"

should include consideration of the context in which those words were enacted and are used.

SECTION 2. In Colorado Revised Statutes, 2-4-401, add (6.5) and (13.7) as follows:

APPENDIX F

F-42 MATERIALS RELATING TO BILL DRAFTING

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2-4-401. Definitions. The following definitions apply to every statute, unless the

context otherwise requires:

(6.5) (a) "MUST" MEANS THAT A PERSON OR THING IS REQUIRED TO MEET A

CONDITION FOR A CONSEQUENCE TO APPLY. "MUST" DOES NOT MEAN THAT A PERSON HAS

A DUTY.

(b) THIS SUBSECTION (6.5):

(I) IS NOT INTENDED TO ALTER THE INTERPRETATION OF A STATUTE ENACTED

BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (6.5); AND

(II) APPLIES TO STATUTES ENACTED ON OR AFTER THE EFFECTIVE DATE OF THIS

SUBSECTION (6.5) BUT ONLY WITH REGARD TO LANGUAGE THAT APPEARS IN SMALL

CAPITAL FONT IN THE SESSION LAWS PUBLISHED PURSUANT TO SECTION 24-70-223, C.R.S.

(13.7) (a) "SHALL" MEANS THAT A PERSON HAS A DUTY.

(b) THIS SUBSECTION (13.7):

(I) IS NOT INTENDED TO ALTER THE INTERPRETATION OF A STATUTE ENACTED

BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (13.7); AND

(II) APPLIES TO STATUTES ENACTED ON OR AFTER THE EFFECTIVE DATE OF THIS

SUBSECTION (13.7) BUT ONLY WITH REGARD TO LANGUAGE THAT APPEARS IN SMALL

CAPITAL FONT IN THE SESSION LAWS PUBLISHED PURSUANT TO SECTION 24-70-223, C.R.S.

SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01

a.m. on the day following the expiration of the ninety-day period after final adjournment of

the general assembly (August 7, 2013, if adjournment sine die is on May 8, 2013); except

that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state

constitution against this act or an item, section, or part of this act within such period, then

the act, item, section, or part will not take effect unless approved by the people at the general

election to be held in November 2014 and, in such case, will take effect on the date of the

official declaration of the vote thereon by the governor.

APPENDIX F

MATERIALS RELATING TO BILL DRAFTING F-43

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

F.4.3 Guidelines for the Use of "Shall" and "Must"

The easiest way to approach this word choice is to first try following the drafting manual

regarding the use of "shall". If using the phrase "has a duty to" doesn't make sense

(considering the exception for the use of the passive voice), then don't use "shall". "Must" is

a possibility, but you should consider whether you really need to use an authority verb.

Excerpt from Drafting Manual

If the words in quotes from the right-hand column below convey your intended meaning,

then use the word or words from the left-hand column.

shall = a person "has a duty to" (but see paragraph (a)(I)(C) below regarding the

passive voice)

must = a thing or person "is required to" meet a condition for a consequence to

apply. "Must" does not mean that a person has a duty.

(a) (I) (C) In the passive voice. . . . If you use the passive voice (because the actors are

unknown, unmistakable, or too numerous to list) and the context indicates a legislative

intent that a person has a duty, use "shall", not "must", even though the subject of the

sentence is a thing. . . .

Step-by-step Analysis

1. Figure out whether the subject of your sentence is a person or a thing (remember

that the statutory definition of "person", §2-4-401 (8), C.R.S., includes entities).

2. Figure out whether there is or should be a duty or only a condition.

a. Things can't have duties, only people can.

b. A duty is something that a court will enforce, for instance, by applying a

penalty or entering an injunction.

c. A condition is simply a prerequisite for a consequence to apply. A court will

not apply a penalty or enter an injunction to require a person or thing to meet

the condition, but may determine that a consequence does or doesn't apply.

3. If the subject is a person and:

a. There is a duty, use "shall".

b. There is not a duty, use "must" or another present-tense verb. Think outside

the box: is this even an authority verb issue? Can I express this better with

another present-tense verb?

4. If the subject is a thing:

a. First, figure out whether your sentence is active or passive voice (try to use

active voice).

b. In the active voice, "shall" is not an option because a thing can't have a duty.

Use "must" or another present-tense verb.

c. In the passive voice, if the object of the sentence is a person who has a duty,

use "shall".

APPENDIX F

F-44 MATERIALS RELATING TO BILL DRAFTING

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Person Thing

Is There a Duty? Is There a Duty?

No Yes No Yes Voice

Don't use "shall"

Maybe use "must"

Use "shall"

Don't use "shall"

Maybe use "must"

Use "shall" Passive

(Can't be a duty)

Don't use "shall"

Maybe use "must"

Active

APPENDIX F

MATERIALS RELATING TO BILL DRAFTING F-45

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

F.5. Canned Language

F.5.1. Creating Cash Funds

When creating a cash fund, take the following steps:

1. Create the cash fund.

THE [NAME OF FUND][OPTIONAL: REFERRED TO IN THIS [C.R.S. SUBDIVISION] AS THE

"FUND"] IS HEREBY CREATED IN THE STATE TREASURY.

2. Identify the money to be credited to the cash fund as principal.

THE FUND CONSISTS OF MONEY [Optional: Identify the money specifically as e.g.,

fees, fines, charges, gifts, grants, and donations, etc.] CREDITED TO THE FUND PURSUANT TO

[C.R.S. SUBDIVISION] AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY

APPROPRIATE OR TRANSFER TO THE FUND.

3. Specify what happens to cash fund interest and any other investment income. Under

section 24-36-114 (1), C.R.S., all interest is credited to the general fund unless "otherwise

expressly provided by law."

! Interest and income remains in the cash fund:

THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM

THE DEPOSIT AND INVESTMENT OF MONEY IN THE [NAME OF FUND] TO THE FUND.

! Interest and income is credited to the general fund. Because section

24-36-114 (1), C.R.S. only refers to interest and not to other forms of

investment income, it is better to specify this even though it would likely

happen anyway:

IN ACCORDANCE WITH SECTION 24-36-114 (1), THE STATE TREASURER SHALL CREDIT

ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE

FUND TO THE GENERAL FUND.

! Interest and income is credited to another cash fund. This is uncommon but

sometimes occurs:

THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM

THE DEPOSIT AND INVESTMENT OF MONEY IN THE [NAME OF FUND] TO THE [NAME OF OTHER

FUND].

4. If necessary, specify what happens to unexpended and unencumbered money in the

fund at the end of a fiscal year.

APPENDIX F

F-46 MATERIALS RELATING TO BILL DRAFTING

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! Money stays in the cash fund:

No additional language is necessary. This is what happens by default.

! Money reverts to the general fund:

THE STATE TREASURER SHALL CREDIT ANY UNEXPENDED AND UNENCUMBERED

MONEY REMAINING IN THE [NAME OF FUND] AT THE END OF A FISCAL YEAR TO THE GENERAL

FUND.

! Money is transferred to another cash fund. This is uncommon but

sometimes occurs.

THE STATE TREASURER SHALL TRANSFER ANY UNEXPENDED AND UNENCUMBERED

MONEY REMAINING IN THE [NAME OF FUND] AT THE END OF A FISCAL YEAR TO THE [NAME OF

OTHER CASH FUND].

5. Specify the purposes for which money in the cash fund may be used. Either a general

description of purposes [e.g., "FOR THE IMPLEMENTATION OF THIS [C.R.S. SUBDIVISION]" or

"FOR THE PURPOSES OF THE [NAME OF PROGRAM]] or a specified detailing of the purposes

may be appropriate.

! Money subject to annual appropriation. Use this option unless specifically

asked not to:

SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, THE [NAME OF

ENTITY] MAY EXPEND MONEY FROM THE FUND FOR [SPECIFIED PURPOSE(S)].

! Money continuously appropriated. Use this option only if specifically asked

to do so:

MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE [NAME OF ENTITY]

FOR [SPECIFIED PURPOSE(S)].

! Special language for a trust fund from which it is prohibited to spend

principal:

THE PRINCIPAL OF THE TRUST FUND REMAINS IN THE FUND AND SHALL NOT BE

APPROPRIATED, TRANSFERRED, OR EXPENDED. [SUBJECT TO ANNUAL APPROPRIATION [option

1]] INTEREST OR INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE TRUST FUND

[IS CONTINUOUSLY APPROPRIATED [option 2]] [FROM THE FUND/TO THE [AGENCY]] FOR

[SPECIFIED PURPOSE(S)].

6. If necessary, specify an exemption from any applicable maximum reserve limitation.

If the bill sponsor wishes to exempt the cash fund from an otherwise applicable maximum

reserve limitation that is established in or as permitted by section 24-75-402, C.R.S., add a

new paragraph to section 24-75-402.5 as follows:

24-75-402. Cash funds - limit on uncommitted reserves - reduction in the

APPENDIX F

MATERIALS RELATING TO BILL DRAFTING F-47

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

amount of fees - exclusions - repeal. (5) Notwithstanding any provision of this section to

the contrary, the following cash funds are excluded from the limitations specified in this

section:

(__) THE [FUND] CREATED IN [C.R.S. SUBDIVISION].

7. If the cash fund is temporary in nature, specify what happens to any money in the

fund when it is repealed.

THE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED AND UNENCUMBERED

MONEY IN THE FUND ON [DATE THE FUND IS REPEALED] TO THE [NAME OF FUND (usually the

general fund)].

F.5.2. Authority to Use Money in State Education Fund

Qualifying for State Education Funds

To qualify for money from the state education fund a program must fit within one of the

categories specified in Art IX, sec. 17 (4)(b) of the state constitution. That section is included

here to show which options are specifically allowed:

Section 17. Education - Funding. (4) (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. (emphasis

added)

In most cases the General Assembly authorizes a program to receive state education fund

money by passing a statutory legislative declaration that specifies how the program fits into

one or more of the use categories.

(_) THE GENERAL ASSEMBLY DECLARES THAT, FOR PURPOSES OF SECTION 17 OF

ARTICLE IX OF THE STATE CONSTITUTION, [NAME OF THE PROGRAM OR DESCRIPTION OF

THE CHANGE TO BE FUNDED WITH SEF MONEY] IS AN IMPORTANT ELEMENT IN

IMPLEMENTING [ONE OR MORE AUTHORIZED CATEGORIES FROM ART. IX, SEC. 17] AND

MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION FUND CREATED IN

SECTION 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION.

F.5.3. Criminal Surcharges/Fees Funding Mechanism

See articles 19, 21, 22, and 24 in title 18

Elements of statutory sections establishing criminal surcharges (one section for each of

the following components, all within a part of the general criminal surcharge article to be

created in title 18):

APPENDIX F

F-48 MATERIALS RELATING TO BILL DRAFTING

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! A statutory legislative declaration to identify the crime for which a surcharge is being

created, explain why the crime deserves a surcharge, and state the GA's intent in

establishing the surcharge. This section would be numbered as "18-__-_01."

18-xx-101. Legislative declaration. THE GENERAL ASSEMBLY FINDS THAT THE

COMMISSION OF SEX OFFENSES EXACTS AN UNACCEPTABLE TOLL ON THE FISCAL RESOURCES

OF BOTH STATE AND LOCAL GOVERNMENT AND THEREBY INCREASES THE FISCAL BURDEN

UPON THE TAXPAYERS OF THIS STATE. IT IS THE INTENT OF THE GENERAL ASSEMBLY....

! A definitions section identifying terms used in relation to establishing, collecting, and

disbursing the surcharge. This section would be numbered as "18-__-_02."

18-xx-102. Definitions. AS USED IN THIS ARTICLE __, UNLESS THE CONTEXT

OTHERWISE REQUIRES:

(1) "CONVICTION" MEANS....

(2) "SEX OFFENSE" MEANS...

! A section assigning surcharge amounts for all classes of felony and misdemeanor

offenses identified and appearing in the article, creating a fund for the surcharge

amounts, and authorizing how the money is disbursed in percentages. This section

would be numbered as "18-__-_03." Note: The surcharge fund may be created in a

separate section.

18-xx-_03. Source of revenues - allocation of money. (1) ON AND AFTER [DATE],

EACH PERSON WHO IS CONVICTED OF, OR RECEIVES A DEFERRED SENTENCE FOR, A [SPECIFY

TYPE OF OFFENSE] OFFENSE SHALL PAY A SURCHARGE TO THE CLERK OF THE COURT IN WHICH

THE CONVICTION OCCURS OR IN WHICH THE DEFERRED SENTENCE IS ENTERED. THE

SURCHARGE IS IN THE FOLLOWING AMOUNTS:

(a) FOR EACH CLASS 2 FELONY OF WHICH A PERSON IS CONVICTED, [AMOUNT]

DOLLARS;

(b) FOR EACH CLASS 3 FELONY OF WHICH A PERSON IS CONVICTED, [AMOUNT]

DOLLARS;

(d) FOR EACH CLASS 5 FELONY OF WHICH A PERSON IS CONVICTED, [AMOUNT]

DOLLARS;

(e) FOR EACH CLASS 6 FELONY OF WHICH A PERSON IS CONVICTED, [AMOUNT]

DOLLARS;

(f) FOR EACH CLASS 1 MISDEMEANOR OF WHICH A PERSON IS CONVICTED, [AMOUNT]

DOLLARS;

(g) FOR EACH CLASS 2 MISDEMEANOR OF WHICH A PERSON IS CONVICTED, [AMOUNT]

DOLLARS;

(h) FOR EACH CLASS 3 MISDEMEANOR OF WHICH A PERSON IS CONVICTED, [AMOUNT]

DOLLARS.

<{Note: Only include those penalty levels that apply to the offense selected for a

surcharge.}>

(2) ON AND AFTER [DATE], EACH JUVENILE WHO IS ADJUDICATED OR RECEIVES A

DEFERRED ADJUDICATION FOR COMMISSION OF AN OFFENSE THAT WOULD CONSTITUTE [THE

OFFENSE] IF COMMITTED BY AN ADULT SHALL PAY A SURCHARGE TO THE CLERK OF THE

COURT IN WHICH THE ADJUDICATION OCCURS OR IN WHICH THE DEFERRED ADJUDICATION IS

ENTERED. THE AMOUNT OF THE SURCHARGE IS [CHOOSE ONE: THE SAME AS OR A

APPENDIX F

MATERIALS RELATING TO BILL DRAFTING F-49

COLORADO LEGISLATIVE DRAFTING MANUAL Rev. 10/29/2021

SPECIFIED % OF] THE AMOUNT THAT WOULD BE ASSESSED AGAINST AN ADULT OFFENDER

PURSUANT TO SUBSECTION (1) OF THIS SECTION FOR COMMISSION OF THE OFFENSE.

(3) THE CLERK OF THE COURT SHALL ALLOCATE THE SURCHARGE REQUIRED BY THIS

SECTION AS FOLLOWS:

(a) THE CLERK SHALL RETAIN [NUMBER] PERCENT FOR ADMINISTRATIVE COSTS

INCURRED PURSUANT TO THIS SUBSECTION (3) AND SHALL TRANSMIT THE AMOUNT RETAINED

TO THE STATE TREASURER, WHO SHALL CREDIT IT TO THE GENERAL FUND. THE AMOUNT IS

SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE COSTS OF ADMINISTERING

THIS SECTION.

(b) THE CLERK SHALL TRANSFER [NUMBER] PERCENT TO THE STATE TREASURER

WHO SHALL CREDIT THE AMOUNT TO THE [NAME OF SURCHARGE FUND CREATED PURSUANT

TO SUBSECTION (4) OF THIS SECTION TO RECEIVE SURCHARGE AMOUNTS].

(4) <{ Here, create a surcharge fund in the state treasury into which the money

transferred under (3)(b) can be deposited. Use canned language for creation of new

funds. Specify how money in the surcharge fund is disbursed: (1) by whom, (2) to whom,

and (3) for what purposes. Note: You may want to create a separate section for

disbursement if the surcharge program includes new program(s) and reporting

requirements.}>

(5) IF THE COURT FINDS THAT A DEFENDANT IS INDIGENT, THE COURT MAY WAIVE

ALL OR A PORTION OF THE SURCHARGE REQUIRED BY THIS SECTION. IF THE COURT FINDS THAT

A DEFENDANT IS FINANCIALLY UNABLE TO PAY ALL OR A PORTION OF THE SURCHARGE, THE

COURT MAY WAIVE THAT PORTION OF THE SURCHARGE THAT THE COURT FINDS THE

DEFENDANT IS FINANCIALLY UNABLE TO PAY.

F.5.4. Fingerprint Background Checks

(__) WITH THE SUBMISSION OF AN APPLICATION FOR A LICENSE GRANTED PURSUANT

TO THIS [C.R.S. SUBDIVISION], EACH APPLICANT SHALL SUBMIT A COMPLETE SET OF HIS OR

HER FINGERPRINTS TO THE [NAME OF ENTITY]. THE [NAME OF ENTITY] SHALL SUBMIT THE

FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF

CONDUCTING FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS. THE COLORADO

BUREAU OF INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE FEDERAL BUREAU

OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING FINGERPRINT-BASED CRIMINAL

HISTORY RECORD CHECKS. THE [NAME OF ENTITY] MAY ACQUIRE A NAME-BASED CRIMINAL

HISTORY RECORD CHECK FOR AN APPLICANT OR A LICENSE HOLDER WHO HAS TWICE

SUBMITTED TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AND WHOSE

FINGERPRINTS ARE UNCLASSIFIABLE. THE STATE LICENSING AUTHORITY OR LOCAL

JURISDICTION SHALL USE THE INFORMATION RESULTING FROM THE FINGERPRINT-BASED

CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE AND DETERMINE WHETHER AN

APPLICANT IS QUALIFIED TO HOLD A STATE OR LOCAL LICENSE PURSUANT TO THIS [C.R.S.

SUBDIVISION]. THE [NAME OF ENTITY] MAY VERIFY THE INFORMATION AN APPLICANT IS

REQUIRED TO SUBMIT. THE APPLICANT SHALL PAY THE COSTS ASSOCIATED WITH THE

FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO THE COLORADO BUREAU OF

INVESTIGATION.

<{This last sentence is an example of how to cover the cost of the check. The drafter

should check that this is how the sponsor wants the cost to be covered.}>

APPENDIX F

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F.5.5. GIFTS, GRANTS, OR DONATIONS

Preferred Language:

(__) THE [NAME OF ENTITY] MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR

DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS [C.R.S.

SUBDIVISION].

If the gifts, grants, or donations must be deposited in a cash fund (for example, the gift, grant, or

donation is not custodial funds and, therefore, the General Assembly should appropriate it):