Colorado 2023 2023 Regular Session

Colorado House Bill HCR1005 Introduced / Bill

Filed 04/11/2023

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. R23-0654.01 Ed DeCecco x4216
HCR23-1005
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
HOUSE CONCURRENT RESOLUTION 23-1005 
S
UBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF101
C
OLORADO AN AMENDMENT TO THE COLORADO CONSTITUTION102
CONCERNING A LIMITATION ON THE BILLS THAT MAY BE103
INTRODUCED IN THE GENERAL ASSEMBLY , AND, IN CONNECTION104
THEREWITH, LIMITING THE SCOPE OF EVERY OTHER REGULAR105
SESSION OF A GENERAL ASSEMBLY TO PRIMARILY FOCUS ON A106
BIENNIAL GENERAL APPROPRIATION BILL , WHICH APPLIES TO107
THE NEXT TWO STATE FISCAL YEARS ; ESTABLISHING108
PROCEDURES TO DEVELOP AND INTRODUCE THE APPROPRIATION109
BILL; LIMITING THE NUMBER OF BILLS THAT CAN BE110
INTRODUCED IN THE OTHER RE GULAR SESSION OF A GENERAL111
ASSEMBLY; AND CREATING EMERGENCY BILLS THAT MAY BE112
INTRODUCED IN EITHER SESSION, IF PRIOR TO INTRODUCTION AT113
HOUSE SPONSORSHIP
Luck, 
SENATE SPONSORSHIP
(None), 
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. LEAST TWO-THIRDS OF THE MEMBERS ELECTED TO THE HOUSE101
OF INTRODUCTION VOTE IN FAVOR OF INTRODUCTION .102
Resolution Summary
(Note:  This summary applies to this resolution as introduced and
does not reflect any amendments that may be subsequently adopted. If this
resolution passes third reading in the house of introduction, a resolution
summary that applies to the reengrossed version of this resolution will be
available at http://leg.colorado.gov/
.)
The concurrent resolution creates 2 different types of regular
legislative sessions during the 2-year cycle of each general assembly, each
of which has limits on the types of bills that may be introduced. The first
regular session after a general election is a budget session and the second
is a general session. During a budget session, the only bills that may be
introduced are:
! The biennial general appropriation bill (biennial long bill),
which includes 2 state fiscal years of appropriations;
! Supplemental appropriation bills, which must be
unanimously approved by the joint budget committee (JBC)
prior to introduction;
! Bills that are part of the biennial long bill package, which
were unanimously approved by the JBC;
! Bills to enact the Colorado Revised Statutes and to
postpone the expiration of rules; and
! Bills to respond to an emergency, which, to be introduced,
require for each proposed bill at least a 2/3rds vote in the
house of introduction that the proposed bill is necessary to
address an actual emergency.
The concurrent resolution also establishes procedures related to the
biennial long bill. The executive and judicial branches are required to
submit 2 budget requests to the general assembly. One budget request
must identify the least critical 10% in the budget and the other must be at
least 5% less than the department's appropriations for the current year.
Once every 4 budget cycles, a department is required to use a zero-based
budget method to create the budget, based on a schedule developed by the
general assembly, and the zero-based budget will replace the 2 versions
of the budget request. 
Once received, the following process applies to the bill:
! A joint committee of reference (joint committee) will
thoroughly review a department's functions and budget
request and prepare a proposed budget for the department;
and
HCR23-1005-2- ! The joint committee will refer the bill to the JBC on or
before the 70th day of the budget session, and the JBC will
reconcile the department budgets to prepare the final
biennial long bill for introduction, which must be no later
than 30 days after the JBC receives the last departmental
budget.
The concurrent resolution also limits the number of bills that may
be introduced during a general session. Each senator or representative
may only introduce up to 5 bills, which may be on any topic, provided
that 90 days prior to the session, the bill is identified by subject on the
general assembly's website and, 30 days prior to the session, the first or
most recent draft of the bill is published on the website. Interim
committee bills are excluded from the 5-bill limit.
Supplemental appropriation bills and emergency bills, which are
each subject to the same standards previously described, are not subject
to the bill introduction limit in a general session.
Be It Resolved by the House of Representatives of the1
Seventy-fourth General Assembly of the State of Colorado, the Senate2
concurring herein:3
SECTION 1. At the election held on November 5, 2024, the4
secretary of state shall submit to the registered electors of the state the5
ballot title set forth in section 2 for the following amendment to the state6
constitution:7
In the constitution of the state of Colorado, amend section 7 of8
article V as follows:9
Section 7.  General assembly - shall meet when - term of10
members - committees - budget and general sessions. (1)  The general11
assembly shall meet in regular session at 10 a.m. no later than the second12
Wednesday of January of each year. The general assembly shall meet at13
other times when convened in special session by the governor pursuant14
to section 9 of article IV of this constitution or by written request by15
two-thirds of the members of each house to the presiding officer of each16
HCR23-1005-3- house to consider only those subjects specified in such request. The term1
of service of the members of the general assembly shall begin on the2
convening of the first regular session of the general assembly next after3
their election. The committees of the general assembly, unless otherwise4
provided by the general assembly, shall expire on the convening of the5
first regular session after a general election. Regular sessions of the6
general assembly shall not exceed one hundred twenty calendar days. T
HE7
FIRST REGULAR SESSION OF THE GENERAL ASSEMBLY AFTER A GENERAL8
ELECTION IS A BUDGET SESSION, AND THE SECOND REGULAR SESSION OF9
THE GENERAL ASSEMBLY AFTER A GENERAL ELECTION IS A GENERAL10
SESSION.11
(2)  D
URING A BUDGET SESSION, NO BILLS SHALL BE INTRODUCED12
OTHER THAN:13
(a)  T
HE BIENNIAL GENERAL APPROPRIATION BILL ;14
(b)  A
 SUPPLEMENTAL APPROPRIATION BILL THAT INCREASES OR15
DECREASES AN EXISTING APPROPRIATION ;16
(c)  A
NY BILL THAT IS DIRECTLY RELATED TO AN APPROPRIATION17
IN THE BIENNIAL GENERAL APPROPRIATION BILL AND THAT IS18
UNANIMOUSLY APPROVED BY THE JOINT BUDGET COMMITTEE PRIOR TO19
INTRODUCTION;20
(d)  T
HE ANNUAL ENACTMENT OF THE COLORADO REVISED21
S
TATUTES;22
(e)  A
 BILL TO POSTPONE THE EXPIRATION OF A RULE; AND23
(f)  A
 BILL TO RESPOND TO AN EMERGENCY IN ACCORDANCE WITH24
SUBSECTION (4) OF THIS SECTION.25
(3) (a)  E
XCEPT AS SET FORTH IN SUBSECTION (3)(c) OF THIS26
SECTION, DURING A GENERAL SESSION, EACH MEMBER OF THE GENERAL27
HCR23-1005
-4- ASSEMBLY SHALL NOT INTRODUCE MORE THAN FIVE BILLS , WHICH MAY BE1
ON ANY TOPIC.2
(b)  T
O INTRODUCE A BILL SPECIFIED IN SUBSECTION (3)(a) OF THIS3
SECTION, A MEMBER OF THE GENERAL ASSEMBLY MUST :4
(I)  A
T LEAST NINETY DAYS PRIOR TO THE COMMENCEMENT OF THE5
GENERAL SESSION, ALLOW THE SUBJECT OF THE BILL TO BE PUBLISHED ON6
THE GENERAL ASSEMBLY'S WEBSITE;7
(II)  A
T LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE8
GENERAL SESSION, ALLOW THE FIRST OR MOST RECENT DRAFT OF THE BILL9
TO BE PUBLISHED ON THE GENERAL ASSEMBLY 'S WEBSITE; AND10
(III)  S
UBMIT THE BILL FOR INTRODUCTION ON OR BEFORE THE11
APPLICABLE DEADLINE SET FORTH IN THE JOINT RULES OF THE SENATE AND12
THE HOUSE OF REPRESENTATIVES.13
(c)  T
HE LIMIT ON THE NUMBER OF BILLS THAT EACH MEMBER MAY14
INTRODUCE SET FORTH IN SUBSECTION (3)(a) OF THIS SECTION DOES NOT15
APPLY TO:16
(I)  A
 SUPPLEMENTAL APPROPRIATION BILL THAT INCREASES OR17
DECREASES AN EXISTING APPROPRIATION ;18
(II)  A
N EMERGENCY BILL SPECIFIED IN SUBSECTION (4) OF THIS19
SECTION; OR20
(III)  A
 BILL RECOMMENDED BY A COMMITTEE OF THE GENERAL21
ASSEMBLY THAT MEETS DURING THE LEGISLATIVE INTERIM .22
(4)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,23
AN EMERGENCY BILL, AS DEFINED BY LAW, MAY BE INTRODUCED DURING24
A BUDGET SESSION OR GENERAL SESSION IF AT LEAST TWO -THIRDS OF THE25
MEMBERS ELECTED TO THE HOUSE OF INTRODUCTION VOTE IN FAVOR OF26
THE BILL BEING INTRODUCED BECAUSE IT IS NECESSARY TO ADDRESS AN27
HCR23-1005
-5- ACTUAL EMERGENCY. COPIES OF THE BILL MUST BE DISTRIBUTED TO EACH1
MEMBER IN THE HOUSE OF INTRODUCTION PRIOR TO THE VOTE .2
In the constitution of the state of Colorado, amend section 32 of3
article V as follows:4
Section 32.  Appropriation bills - budget process -5
supplemental appropriation. (1)  The 
BIENNIAL general appropriation6
bill shall embrace nothing but appropriations for the expense of the7
executive, legislative and judicial departments of the state, state8
institutions, interest on the public debt and for public schools. All other9
appropriations shall be made by separate bills, each embracing but one10
subject. T
HE BIENNIAL GENERAL APPROPRIATION BILL INCLUDES11
APPROPRIATIONS FOR THE NEXT TWO STATE FISCAL YEARS , AND THE12
GENERAL ASSEMBLY SHALL NOT INTRODUCE A BIENNIAL GENERAL13
APPROPRIATION BILL DURING A GENERAL SESSION .14
(2) (a)  O
N OR BEFORE NOVEMBER 1, 2026, AND EVERY SECOND15
N
OVEMBER 1 THEREAFTER, THE FOLLOWING PERSONS SHALL SUBMIT A16
BUDGET REQUEST CONSISTENT WITH SUBSECTION (2)(b) OF THIS SECTION17
TO THE GENERAL ASSEMBLY :18
(I)  T
HE ATTORNEY GENERAL FOR THE DEPARTMENT OF LAW ;19
(II)  T
HE SECRETARY OF STATE FOR THE DEPARTMENT OF STATE ;20
(III)  T
HE STATE TREASURER FOR THE DEPARTMENT OF TREASURY ;21
(IV)  T
HE GOVERNOR FOR THE OFFICE OF THE GOVERNOR AND FOR22
EACH PRINCIPAL DEPARTMENT NOT DESCRIBED IN SUBSECTIONS (2)(a)(I)23
AND (2)(a)(II) OF THIS SECTION; AND24
(V)  T
HE CHIEF JUSTICE FOR THE JUDICIAL DEPARTMENT .25
(b) (I)  E
XCLUDING A YEAR IN WHICH A DEPARTMENT SUBMITS A26
BUDGET USING A ZERO-BASED BUDGETING METHOD IN ACCORDANCE WITH27
HCR23-1005
-6- SUBSECTION (2)(b)(II) OF THIS SECTION, EACH DEPARTMENT SHALL1
PREPARE, AND EACH PERSON IDENTIFIED IN SUBSECTION (2)(a) OF THIS2
SECTION SHALL SUBMIT, TWO PROPOSED BUDGETS FOR A DEPARTMENT AS3
FOLLOWS:4
(A)  A
N IDEAL BUDGET THAT IDENTIFIES THE LEAST CRITICAL TEN5
PERCENT IN THE BUDGET; AND6
(B)  A
 BUDGET THAT IS AT LEAST FIVE PERCENT LESS THAN THE7
CURRENT YEAR'S APPROPRIATIONS FOR THE DEPARTMENT .8
(II)  T
HE GENERAL ASSEMBLY SHALL ESTABLISH A SCHEDULE THAT :9
(A)  R
EQUIRES EACH DEPARTMENT TO SUBMIT A BUDGET THAT IS10
CREATED USING A ZERO-BASED BUDGETING METHOD ONCE EVERY FOUR11
BUDGET CYCLES; AND12
(B)  T
O THE EXTENT POSSIBLE, ENSURES THAT A JOINT COMMITTEE13
OF REFERENCE WILL NOT HAVE TO CONSIDER MORE THAN ONE14
DEPARTMENT BUDGET THAT WAS CREATED USING A ZERO -BASED BUDGET15
METHOD IN A YEAR.16
(c)  T
O INTRODUCE THE BIENNIAL GENERAL APPROPRIATION BILL ,17
THE GENERAL ASSEMBLY MUST COMPLY WITH THE FOLLOWING18
REQUIREMENTS:19
(I)  T
HE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE20
PRESIDENT OF THE SENATE SHALL ASSIGN EACH DEPARTMENT BUDGET21
SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION TO A JOINT COMMITTEE22
OF REFERENCE;23
(II)  T
HE JOINT COMMITTEES OF REFERENCE SHALL CONDUCT A24
THOROUGH REVIEW OF A DEPARTMENT 'S FUNCTIONS AND BUDGET25
REQUEST, AND PREPARE A PROPOSED BUDGET FOR THE DEPARTMENT ;26
(III)  O
N OR BEFORE THE SEVENTIETH DAY OF A BUDGET SESSION ,27
HCR23-1005
-7- A JOINT COMMITTEE OF REFERENCE SHALL SUBMIT ITS PROPOSED BUDGET1
FOR A DEPARTMENT TO THE JOINT BUDGET COMMITTEE ;2
(IV)  T
HE JOINT BUDGET COMMITTEE SHALL RECONCILE THE3
DEPARTMENT BUDGETS AND PREPARE THE FINAL VERSION OF THE BIENNIAL4
GENERAL APPROPRIATION BILL FOR INTRODUCTION ; AND5
(V)  T
HE BIENNIAL GENERAL APPROPRIATION BILL MUST BE6
INTRODUCED NO LATER THAN THIRTY DAYS AFTER THE LAST7
DEPARTMENTAL BUDGET WAS RECEIVED BY THE JOINT BUDGET8
COMMITTEE IN ACCORDANCE WITH SUBSECTION (2)(c)(III) OF THIS9
SECTION.10
(d)  A
 DEPARTMENT SHALL PRESENT ITS BUDGET TO A JOINT11
COMMITTEE OF REFERENCE , BE AVAILABLE TO ASSIST THE JOINT12
COMMITTEE, AND OTHERWISE PROVIDE ANY INFORMATION REQUESTED BY13
THE JOINT COMMITTEE THAT IS NECESSARY FOR THE JOINT COMMITTEE TO14
PREPARE THE PROPOSED BUDGET FOR THE DEPARTMENT .15
(3)  T
HE GENERAL ASSEMBLY SHALL NOT INTRODUCE A16
SUPPLEMENTAL APPROPRIATION BILL TO INCREASE OR DECREASE AN17
EXISTING APPROPRIATION, UNLESS THE SUPPLEMENTAL APPROPRIATION18
BILL IS UNANIMOUSLY APPROVED BY THE JOINT BUDGET COMMITTEE PRIOR19
TO INTRODUCTION.20
SECTION 2. Each elector voting at the election may cast a vote21
either "Yes/For" or "No/Against" on the following ballot title: "Shall22
there be an amendment to the Colorado constitution concerning a23
limitation on the bills that may be introduced in the general assembly,24
and, in connection therewith, limiting the scope of every other regular25
session of a general assembly to primarily focus on a biennial general26
appropriation bill, which applies to the next two state fiscal years;27
HCR23-1005
-8- establishing procedures to develop and introduce the appropriation bill;1
limiting the number of bills that can be introduced in the other regular2
session of a general assembly; and creating emergency bills that may be3
introduced in either session, if prior to introduction at least two-thirds of4
the members elected to the house of introduction vote in favor of5
introduction?"6
SECTION 3. Except as otherwise provided in section 1-40-123,7
Colorado Revised Statutes, if at least fifty-five percent of the electors8
voting on the ballot title vote "Yes/For", then the amendment will become9
part of the state constitution.10
HCR23-1005
-9-