Colorado 2023 Regular Session

Colorado House Bill HCR1005 Compare Versions

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11 First Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. R23-0654.01 Ed DeCecco x4216
88 HCR23-1005
99 House Committees Senate Committees
1010 State, Civic, Military, & Veterans Affairs
1111 HOUSE CONCURRENT RESOLUTION 23-1005
1212 S
1313 UBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF101
1414 C
1515 OLORADO AN AMENDMENT TO THE COLORADO CONSTITUTION102
1616 CONCERNING A LIMITATION ON THE BILLS THAT MAY BE103
1717 INTRODUCED IN THE GENERAL ASSEMBLY , AND, IN CONNECTION104
1818 THEREWITH, LIMITING THE SCOPE OF EVERY OTHER REGULAR105
1919 SESSION OF A GENERAL ASSEMBLY TO PRIMARILY FOCUS ON A106
2020 BIENNIAL GENERAL APPROPRIATION BILL , WHICH APPLIES TO107
2121 THE NEXT TWO STATE FISCAL YEARS ; ESTABLISHING108
2222 PROCEDURES TO DEVELOP AND INTRODUCE THE APPROPRIATION109
2323 BILL; LIMITING THE NUMBER OF BILLS THAT CAN BE110
2424 INTRODUCED IN THE OTHER RE GULAR SESSION OF A GENERAL111
2525 ASSEMBLY; AND CREATING EMERGENCY BILLS THAT MAY BE112
2626 INTRODUCED IN EITHER SESSION, IF PRIOR TO INTRODUCTION AT113
2727 HOUSE SPONSORSHIP
2828 Luck,
2929 SENATE SPONSORSHIP
3030 (None),
3131 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3232 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3333 Dashes through the words or numbers indicate deletions from existing law. LEAST TWO-THIRDS OF THE MEMBERS ELECTED TO THE HOUSE101
3434 OF INTRODUCTION VOTE IN FAVOR OF INTRODUCTION .102
3535 Resolution Summary
3636 (Note: This summary applies to this resolution as introduced and
3737 does not reflect any amendments that may be subsequently adopted. If this
3838 resolution passes third reading in the house of introduction, a resolution
3939 summary that applies to the reengrossed version of this resolution will be
4040 available at http://leg.colorado.gov/
4141 .)
4242 The concurrent resolution creates 2 different types of regular
4343 legislative sessions during the 2-year cycle of each general assembly, each
4444 of which has limits on the types of bills that may be introduced. The first
4545 regular session after a general election is a budget session and the second
4646 is a general session. During a budget session, the only bills that may be
4747 introduced are:
4848 ! The biennial general appropriation bill (biennial long bill),
4949 which includes 2 state fiscal years of appropriations;
5050 ! Supplemental appropriation bills, which must be
5151 unanimously approved by the joint budget committee (JBC)
5252 prior to introduction;
5353 ! Bills that are part of the biennial long bill package, which
5454 were unanimously approved by the JBC;
5555 ! Bills to enact the Colorado Revised Statutes and to
5656 postpone the expiration of rules; and
5757 ! Bills to respond to an emergency, which, to be introduced,
5858 require for each proposed bill at least a 2/3rds vote in the
5959 house of introduction that the proposed bill is necessary to
6060 address an actual emergency.
6161 The concurrent resolution also establishes procedures related to the
6262 biennial long bill. The executive and judicial branches are required to
6363 submit 2 budget requests to the general assembly. One budget request
6464 must identify the least critical 10% in the budget and the other must be at
6565 least 5% less than the department's appropriations for the current year.
6666 Once every 4 budget cycles, a department is required to use a zero-based
6767 budget method to create the budget, based on a schedule developed by the
6868 general assembly, and the zero-based budget will replace the 2 versions
6969 of the budget request.
7070 Once received, the following process applies to the bill:
7171 ! A joint committee of reference (joint committee) will
7272 thoroughly review a department's functions and budget
7373 request and prepare a proposed budget for the department;
7474 and
7575 HCR23-1005-2- ! The joint committee will refer the bill to the JBC on or
7676 before the 70th day of the budget session, and the JBC will
7777 reconcile the department budgets to prepare the final
7878 biennial long bill for introduction, which must be no later
7979 than 30 days after the JBC receives the last departmental
8080 budget.
8181 The concurrent resolution also limits the number of bills that may
8282 be introduced during a general session. Each senator or representative
8383 may only introduce up to 5 bills, which may be on any topic, provided
8484 that 90 days prior to the session, the bill is identified by subject on the
8585 general assembly's website and, 30 days prior to the session, the first or
8686 most recent draft of the bill is published on the website. Interim
8787 committee bills are excluded from the 5-bill limit.
8888 Supplemental appropriation bills and emergency bills, which are
8989 each subject to the same standards previously described, are not subject
9090 to the bill introduction limit in a general session.
9191 Be It Resolved by the House of Representatives of the1
9292 Seventy-fourth General Assembly of the State of Colorado, the Senate2
9393 concurring herein:3
9494 SECTION 1. At the election held on November 5, 2024, the4
9595 secretary of state shall submit to the registered electors of the state the5
9696 ballot title set forth in section 2 for the following amendment to the state6
9797 constitution:7
9898 In the constitution of the state of Colorado, amend section 7 of8
9999 article V as follows:9
100100 Section 7. General assembly - shall meet when - term of10
101101 members - committees - budget and general sessions. (1) The general11
102102 assembly shall meet in regular session at 10 a.m. no later than the second12
103103 Wednesday of January of each year. The general assembly shall meet at13
104104 other times when convened in special session by the governor pursuant14
105105 to section 9 of article IV of this constitution or by written request by15
106106 two-thirds of the members of each house to the presiding officer of each16
107107 HCR23-1005-3- house to consider only those subjects specified in such request. The term1
108108 of service of the members of the general assembly shall begin on the2
109109 convening of the first regular session of the general assembly next after3
110110 their election. The committees of the general assembly, unless otherwise4
111111 provided by the general assembly, shall expire on the convening of the5
112112 first regular session after a general election. Regular sessions of the6
113113 general assembly shall not exceed one hundred twenty calendar days. T
114114 HE7
115115 FIRST REGULAR SESSION OF THE GENERAL ASSEMBLY AFTER A GENERAL8
116116 ELECTION IS A BUDGET SESSION, AND THE SECOND REGULAR SESSION OF9
117117 THE GENERAL ASSEMBLY AFTER A GENERAL ELECTION IS A GENERAL10
118118 SESSION.11
119119 (2) D
120120 URING A BUDGET SESSION, NO BILLS SHALL BE INTRODUCED12
121121 OTHER THAN:13
122122 (a) T
123123 HE BIENNIAL GENERAL APPROPRIATION BILL ;14
124124 (b) A
125125 SUPPLEMENTAL APPROPRIATION BILL THAT INCREASES OR15
126126 DECREASES AN EXISTING APPROPRIATION ;16
127127 (c) A
128128 NY BILL THAT IS DIRECTLY RELATED TO AN APPROPRIATION17
129129 IN THE BIENNIAL GENERAL APPROPRIATION BILL AND THAT IS18
130130 UNANIMOUSLY APPROVED BY THE JOINT BUDGET COMMITTEE PRIOR TO19
131131 INTRODUCTION;20
132132 (d) T
133133 HE ANNUAL ENACTMENT OF THE COLORADO REVISED21
134134 S
135135 TATUTES;22
136136 (e) A
137137 BILL TO POSTPONE THE EXPIRATION OF A RULE; AND23
138138 (f) A
139139 BILL TO RESPOND TO AN EMERGENCY IN ACCORDANCE WITH24
140140 SUBSECTION (4) OF THIS SECTION.25
141141 (3) (a) E
142142 XCEPT AS SET FORTH IN SUBSECTION (3)(c) OF THIS26
143143 SECTION, DURING A GENERAL SESSION, EACH MEMBER OF THE GENERAL27
144144 HCR23-1005
145145 -4- ASSEMBLY SHALL NOT INTRODUCE MORE THAN FIVE BILLS , WHICH MAY BE1
146146 ON ANY TOPIC.2
147147 (b) T
148148 O INTRODUCE A BILL SPECIFIED IN SUBSECTION (3)(a) OF THIS3
149149 SECTION, A MEMBER OF THE GENERAL ASSEMBLY MUST :4
150150 (I) A
151151 T LEAST NINETY DAYS PRIOR TO THE COMMENCEMENT OF THE5
152152 GENERAL SESSION, ALLOW THE SUBJECT OF THE BILL TO BE PUBLISHED ON6
153153 THE GENERAL ASSEMBLY'S WEBSITE;7
154154 (II) A
155155 T LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE8
156156 GENERAL SESSION, ALLOW THE FIRST OR MOST RECENT DRAFT OF THE BILL9
157157 TO BE PUBLISHED ON THE GENERAL ASSEMBLY 'S WEBSITE; AND10
158158 (III) S
159159 UBMIT THE BILL FOR INTRODUCTION ON OR BEFORE THE11
160160 APPLICABLE DEADLINE SET FORTH IN THE JOINT RULES OF THE SENATE AND12
161161 THE HOUSE OF REPRESENTATIVES.13
162162 (c) T
163163 HE LIMIT ON THE NUMBER OF BILLS THAT EACH MEMBER MAY14
164164 INTRODUCE SET FORTH IN SUBSECTION (3)(a) OF THIS SECTION DOES NOT15
165165 APPLY TO:16
166166 (I) A
167167 SUPPLEMENTAL APPROPRIATION BILL THAT INCREASES OR17
168168 DECREASES AN EXISTING APPROPRIATION ;18
169169 (II) A
170170 N EMERGENCY BILL SPECIFIED IN SUBSECTION (4) OF THIS19
171171 SECTION; OR20
172172 (III) A
173173 BILL RECOMMENDED BY A COMMITTEE OF THE GENERAL21
174174 ASSEMBLY THAT MEETS DURING THE LEGISLATIVE INTERIM .22
175175 (4) N
176176 OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,23
177177 AN EMERGENCY BILL, AS DEFINED BY LAW, MAY BE INTRODUCED DURING24
178178 A BUDGET SESSION OR GENERAL SESSION IF AT LEAST TWO -THIRDS OF THE25
179179 MEMBERS ELECTED TO THE HOUSE OF INTRODUCTION VOTE IN FAVOR OF26
180180 THE BILL BEING INTRODUCED BECAUSE IT IS NECESSARY TO ADDRESS AN27
181181 HCR23-1005
182182 -5- ACTUAL EMERGENCY. COPIES OF THE BILL MUST BE DISTRIBUTED TO EACH1
183183 MEMBER IN THE HOUSE OF INTRODUCTION PRIOR TO THE VOTE .2
184184 In the constitution of the state of Colorado, amend section 32 of3
185185 article V as follows:4
186186 Section 32. Appropriation bills - budget process -5
187187 supplemental appropriation. (1) The
188188 BIENNIAL general appropriation6
189189 bill shall embrace nothing but appropriations for the expense of the7
190190 executive, legislative and judicial departments of the state, state8
191191 institutions, interest on the public debt and for public schools. All other9
192192 appropriations shall be made by separate bills, each embracing but one10
193193 subject. T
194194 HE BIENNIAL GENERAL APPROPRIATION BILL INCLUDES11
195195 APPROPRIATIONS FOR THE NEXT TWO STATE FISCAL YEARS , AND THE12
196196 GENERAL ASSEMBLY SHALL NOT INTRODUCE A BIENNIAL GENERAL13
197197 APPROPRIATION BILL DURING A GENERAL SESSION .14
198198 (2) (a) O
199199 N OR BEFORE NOVEMBER 1, 2026, AND EVERY SECOND15
200200 N
201201 OVEMBER 1 THEREAFTER, THE FOLLOWING PERSONS SHALL SUBMIT A16
202202 BUDGET REQUEST CONSISTENT WITH SUBSECTION (2)(b) OF THIS SECTION17
203203 TO THE GENERAL ASSEMBLY :18
204204 (I) T
205205 HE ATTORNEY GENERAL FOR THE DEPARTMENT OF LAW ;19
206206 (II) T
207207 HE SECRETARY OF STATE FOR THE DEPARTMENT OF STATE ;20
208208 (III) T
209209 HE STATE TREASURER FOR THE DEPARTMENT OF TREASURY ;21
210210 (IV) T
211211 HE GOVERNOR FOR THE OFFICE OF THE GOVERNOR AND FOR22
212212 EACH PRINCIPAL DEPARTMENT NOT DESCRIBED IN SUBSECTIONS (2)(a)(I)23
213213 AND (2)(a)(II) OF THIS SECTION; AND24
214214 (V) T
215215 HE CHIEF JUSTICE FOR THE JUDICIAL DEPARTMENT .25
216216 (b) (I) E
217217 XCLUDING A YEAR IN WHICH A DEPARTMENT SUBMITS A26
218218 BUDGET USING A ZERO-BASED BUDGETING METHOD IN ACCORDANCE WITH27
219219 HCR23-1005
220220 -6- SUBSECTION (2)(b)(II) OF THIS SECTION, EACH DEPARTMENT SHALL1
221221 PREPARE, AND EACH PERSON IDENTIFIED IN SUBSECTION (2)(a) OF THIS2
222222 SECTION SHALL SUBMIT, TWO PROPOSED BUDGETS FOR A DEPARTMENT AS3
223223 FOLLOWS:4
224224 (A) A
225225 N IDEAL BUDGET THAT IDENTIFIES THE LEAST CRITICAL TEN5
226226 PERCENT IN THE BUDGET; AND6
227227 (B) A
228228 BUDGET THAT IS AT LEAST FIVE PERCENT LESS THAN THE7
229229 CURRENT YEAR'S APPROPRIATIONS FOR THE DEPARTMENT .8
230230 (II) T
231231 HE GENERAL ASSEMBLY SHALL ESTABLISH A SCHEDULE THAT :9
232232 (A) R
233233 EQUIRES EACH DEPARTMENT TO SUBMIT A BUDGET THAT IS10
234234 CREATED USING A ZERO-BASED BUDGETING METHOD ONCE EVERY FOUR11
235235 BUDGET CYCLES; AND12
236236 (B) T
237237 O THE EXTENT POSSIBLE, ENSURES THAT A JOINT COMMITTEE13
238238 OF REFERENCE WILL NOT HAVE TO CONSIDER MORE THAN ONE14
239239 DEPARTMENT BUDGET THAT WAS CREATED USING A ZERO -BASED BUDGET15
240240 METHOD IN A YEAR.16
241241 (c) T
242242 O INTRODUCE THE BIENNIAL GENERAL APPROPRIATION BILL ,17
243243 THE GENERAL ASSEMBLY MUST COMPLY WITH THE FOLLOWING18
244244 REQUIREMENTS:19
245245 (I) T
246246 HE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE20
247247 PRESIDENT OF THE SENATE SHALL ASSIGN EACH DEPARTMENT BUDGET21
248248 SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION TO A JOINT COMMITTEE22
249249 OF REFERENCE;23
250250 (II) T
251251 HE JOINT COMMITTEES OF REFERENCE SHALL CONDUCT A24
252252 THOROUGH REVIEW OF A DEPARTMENT 'S FUNCTIONS AND BUDGET25
253253 REQUEST, AND PREPARE A PROPOSED BUDGET FOR THE DEPARTMENT ;26
254254 (III) O
255255 N OR BEFORE THE SEVENTIETH DAY OF A BUDGET SESSION ,27
256256 HCR23-1005
257257 -7- A JOINT COMMITTEE OF REFERENCE SHALL SUBMIT ITS PROPOSED BUDGET1
258258 FOR A DEPARTMENT TO THE JOINT BUDGET COMMITTEE ;2
259259 (IV) T
260260 HE JOINT BUDGET COMMITTEE SHALL RECONCILE THE3
261261 DEPARTMENT BUDGETS AND PREPARE THE FINAL VERSION OF THE BIENNIAL4
262262 GENERAL APPROPRIATION BILL FOR INTRODUCTION ; AND5
263263 (V) T
264264 HE BIENNIAL GENERAL APPROPRIATION BILL MUST BE6
265265 INTRODUCED NO LATER THAN THIRTY DAYS AFTER THE LAST7
266266 DEPARTMENTAL BUDGET WAS RECEIVED BY THE JOINT BUDGET8
267267 COMMITTEE IN ACCORDANCE WITH SUBSECTION (2)(c)(III) OF THIS9
268268 SECTION.10
269269 (d) A
270270 DEPARTMENT SHALL PRESENT ITS BUDGET TO A JOINT11
271271 COMMITTEE OF REFERENCE , BE AVAILABLE TO ASSIST THE JOINT12
272272 COMMITTEE, AND OTHERWISE PROVIDE ANY INFORMATION REQUESTED BY13
273273 THE JOINT COMMITTEE THAT IS NECESSARY FOR THE JOINT COMMITTEE TO14
274274 PREPARE THE PROPOSED BUDGET FOR THE DEPARTMENT .15
275275 (3) T
276276 HE GENERAL ASSEMBLY SHALL NOT INTRODUCE A16
277277 SUPPLEMENTAL APPROPRIATION BILL TO INCREASE OR DECREASE AN17
278278 EXISTING APPROPRIATION, UNLESS THE SUPPLEMENTAL APPROPRIATION18
279279 BILL IS UNANIMOUSLY APPROVED BY THE JOINT BUDGET COMMITTEE PRIOR19
280280 TO INTRODUCTION.20
281281 SECTION 2. Each elector voting at the election may cast a vote21
282282 either "Yes/For" or "No/Against" on the following ballot title: "Shall22
283283 there be an amendment to the Colorado constitution concerning a23
284284 limitation on the bills that may be introduced in the general assembly,24
285285 and, in connection therewith, limiting the scope of every other regular25
286286 session of a general assembly to primarily focus on a biennial general26
287287 appropriation bill, which applies to the next two state fiscal years;27
288288 HCR23-1005
289289 -8- establishing procedures to develop and introduce the appropriation bill;1
290290 limiting the number of bills that can be introduced in the other regular2
291291 session of a general assembly; and creating emergency bills that may be3
292292 introduced in either session, if prior to introduction at least two-thirds of4
293293 the members elected to the house of introduction vote in favor of5
294294 introduction?"6
295295 SECTION 3. Except as otherwise provided in section 1-40-123,7
296296 Colorado Revised Statutes, if at least fifty-five percent of the electors8
297297 voting on the ballot title vote "Yes/For", then the amendment will become9
298298 part of the state constitution.10
299299 HCR23-1005
300300 -9-