Colorado LegiSource

An informational and educational resource for the Colorado General Assembly by the Office of Legislative Legal Services.

Category: Constitutional Requirements

  • The Power of the People – Reservation of the initiative and referendum powers

    by Julie Pelegrin

    As originally adopted, section 1 of article V of the Colorado constitution gave all of the legislative power to the General Assembly. During the Progressive Era, however, a group called the Colorado Direct Legislation League advocated for an amendment to the constitution to reserve to the people the power of initiative and referendum — law-making powers that the voters of Colorado exercise directly rather than through their elected representatives. In a special legislative session in 1910, the General Assembly referred a constitutional amendment to the ballot, which amendment passed in the 1910 general election, establishing the powers of initiative and referendum. (more…)

  • Plenary Power – How Far Can the General Assembly Go?

    by Julie Pelegrin

    You hear it all the time, “The General Assembly has plenary power.”  But what does that mean? Can the General Assembly really enact any law that it thinks is necessary?  Are there limits on what the General Assembly can do? And, if there are, what are those limits and who decides when they’ve been violated? (more…)

  • Who Does What? The Boundaries of Governmental Authority

    by Julie Pelegrin

    During the legislative session, legislators and legislative staff are so busy working with bills and amendments that we sometimes lack the opportunity to step back and see the operations of the legislature in context with the other departments of state government. The specific constitutional authority given to and requirements imposed on each of the departments of state government often get confused and even overlooked in the rush of the legislative session. (more…)

  • What’s so Special about a Special Session?

    by Julie Pelegrin

    Although the 2012 regular legislative session has ended, it appears the work of the Sixty-eighth General Assembly may not be quite done. With the recent announcement of the Governor’s intention to call the General Assembly into a special session, many legislators and other people may be wondering what, exactly, is a special session and how does it work? (more…)

  • When Can a Local Government Override State Law? Home Rule Cities in Colorado

    by Richard Sweetman

    Although the General Assembly exercises supreme authority over matters of statewide concern, a home rule municipality’s authority may be superior to that of the General Assembly with respect to local matters.

    (more…)

  • Why is the title of a bill so important?

    The title of a bill provides notice to the public as to the contents of the bill.  Article V, section 21 of the State Constitution requires that a bill contain only one subject and that the subject be “clearly expressed in its title…”.  The title must also state the purpose of the bill.  This means the title must accurately reflect the substance of the bill without being so broad as to violate the Constitution’s single subject requirement.

    The bill title not only tells the public what’s in the bill, but it controls the amendments that may be added to the bill as it goes through the legislative process.  Because the title expresses the single subject and purpose of the bill, an amendment that would add a subject or language that is broader than the title would arguably add a second subject to the bill in violation of the single-subject requirement.  For this reason, the chairperson of the committee in which the amendment is offered may rule the amendment out of order.

    If a bill is introduced with a broad title, a legislator may offer an amendment to narrow the title so that it is more specific as to the provisions in the bill.  A legislator may also try to narrow a bill title in order to control the amendments that can be offered to the bill. Remember, however, that another legislator can offer an amendment at any time to broaden the title back to its introduced form.  So, tightening a title after a bill is introduced, with the goal of limiting the possible amendments, is unlikely to be successful, because another member may amend the title back to the introduced version to allow for his or her substantive amendment.

    A legislator may also try to amend a title to make it broader than the introduced version.  While there’s no actual rule that says a legislator cannot broaden an introduced title, by custom and practice these amendments are generally not allowed.  Logically, if the introduced bill title is a single subject, the effect of broadening it would be to allow for one or more additional subjects — a clear violation of the constitutional single-subject requirement.