Colorado

Colorado amended its statutory code in 1991 to limit the growth of appropriations to 6% of prior year's appropriations.

24-75-201.1 - Restriction on state appropriations

(1) (a) (I) For the fiscal year 1978-79 and each fiscal year thereafter ending with the fiscal year 1990-91, state general fund appropriations shall be limited to seven percent over the previous year plus such moneys 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. The base for the calculation of the limitation on the increase in general fund appropriations for the fiscal year 1986-87 shall be state general fund appropriations for the fiscal year 1985-86 plus the amount appropriated for tax relief and for the cost of bringing civil actions pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" for the fiscal year 1985-86.

   (II) Except as otherwise provided for in subparagraphs (III) and (IV) of this paragraph (a), for the fiscal year 1991-92 and each fiscal year thereafter, the total state general fund appropriations shall be limited to such moneys 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 the lesser of:

   (A) An amount equal to five percent of Colorado personal income; or

   (B) Six percent over the total state general fund appropriations for the previous fiscal year.

   (III) The limitation on the level of state general fund appropriations set forth in subparagraph (II) of this paragraph (a) shall not apply to:

   (A) Any state general fund appropriation which, as a result of any requirement of federal law, is made for any new program or service or for any increase in the level of service for an existing program beyond the existing level of service;

   (B) Any state general fund appropriation which, as a result of any requirement of a final state or federal court order, is made for any new program or service or for any increase in the level of service for an existing program beyond the existing level of service; or

   (C) Any state general fund appropriation of any moneys which are derived from any increase in the rate or amount of any tax or fee which is approved by a majority of the registered electors of the state voting at any general election.

   (IV) (A) The limitation on the level of state general fund appropriations as set forth in subparagraph (II) of this paragraph (a) may be exceeded for a given fiscal year upon the declaration of a state fiscal emergency by the general assembly. A state fiscal emergency may be declared by the passage of a joint resolution which is approved by a two-thirds majority vote of the members of both houses of the general assembly and which is approved by the governor in accordance with section 39 of article V of the state constitution.

   (B) Any funds appropriated in a given fiscal year which exceed the limitation on state general fund appropriations established by subparagraph (II) of this paragraph (a) because of the declaration of a state fiscal emergency by the general assembly pursuant to sub-subparagraph (A) of this subparagraph (IV) shall not be included in the calculation of the maximum level of state general fund appropriations pursuant to sub-subparagraph (B) of subparagraph (II) of this paragraph (a) for subsequent fiscal years.

   (V) No state cash fund appropriation which either supplants any state general fund appropriation or, if not made, would necessitate a state general fund appropriation shall be made in order to circumvent the limitation on the level of state general fund appropriations set forth in subparagraph (II) of this paragraph (a). The provisions of this subparagraph (V) shall not apply to any state cash fund appropriation:

   (A) Which authorizes an increase in expenditures necessary to offset an increase in costs to provide an existing program or service due to inflation or any increase in the number of recipients which does not result from any requirement of state law which either enlarges an existing class of recipients or adds a new class of recipients; or

   (B) Which is funded by user charges that do not exceed the cost of the goods or services provided, and the purchase of such goods or services by the user is voluntary.

   (VI) If the general assembly significantly restructures the method by which elementary, secondary, or postsecondary education in this state is financed, the general assembly shall examine the limitation on the level of state general fund appropriations set forth in this section and shall determine whether said limitation should be modified in light of such restructuring.

   (VII) For purposes of this paragraph (a), unless the context otherwise requires:

   (A) "Colorado personal income" means the total personal income for Colorado, as defined and officially reported by the bureau of economic analysis in the United States department of commerce, for the calendar year preceding the calendar year immediately preceding a given fiscal year.

   (B) "Increase in the level of service for an existing program" does not include any increase in expenditures necessary to offset an increase in costs to provide such service due to inflation or any increase in the number of recipients of such service unless such increase results from any requirement of federal law which either enlarges an existing class of recipients or adds a new class of recipients.

   (C) "Requirement of federal law" means any federal law, rule, regulation, executive order, guideline, standard, or other federal action which has the force and effect of law and which either requires the state to take action or does not directly require the state to take action but will, according to federal law, result in the loss of federal funds if state action is not taken to comply with such federal action.

   (D) "State cash fund appropriation" means any appropriation of moneys which are not general fund moneys and which are the result of the collection of any fee authorized by law.

   (b) For the fiscal year 1984-85, any amount of general fund revenues in excess of seven percent plus such moneys 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., and after retention of unrestricted general fund year-end balances of one hundred million dollars, shall be placed in a special reserve fund to be utilized for tax relief, for capital construction as defined in section 24-30-1301 (1), for construction, maintenance, and repair of highways, for water projects, and for the cost of bringing civil actions pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980".

   (c) (I) Except as provided in subparagraphs (II), (III), and (IV) of this paragraph (c), for fiscal years 1985-86 through 1988-89, seventy-five percent of general fund revenues in excess of general fund appropriations, and after retention of the reserve as required by paragraph (d) of this subsection (1), shall be transferred to the capital construction fund as of the last day of each fiscal year. The general assembly may appropriate such funds for capital construction purposes during the regular legislative session next following the actual transfer of moneys thereto. The remaining twenty-five percent of such revenues in excess of appropriations and the required reserve shall be retained in the general fund and be available for appropriation by the general assembly, notwithstanding the limitation on general fund appropriations set forth in paragraph (a) of this subsection (1), during the regular legislative session next following the submission of final financial statements indicating the amount available pursuant to section 24-30-204.

   (II) For the fiscal year 1986-87, any general fund revenues in excess of general fund appropriations, and after retention of the reserve as required by paragraph (d) of this subsection (1), shall be retained in the general fund and the balance carried forward to the fiscal year 1987-88.

   (III) For the fiscal year 1987-88, seventy-five percent of general fund revenues in excess of general fund appropriations, and after retention of the reserve as required by paragraph (d) of this subsection (1), after restoration of the Colorado water conservation board construction fund and the severance tax trust fund as required by sections 24-75-213 (2) and 24-75-214 (2), and after the transfer authorized by section 24-75-215 (1), shall be transferred to the capital construction fund as of June 30, 1988. The general assembly may appropriate such funds for capital construction purposes during the 1989 regular legislative session. The remaining twenty-five percent of such revenues in excess of appropriations, the required reserve, the amounts required for restoration of funds, and the amount required for the transfer authorized by section 24-75-215 (1) shall be retained in the general fund and be available for appropriation as provided in subparagraph (I) of this paragraph (c).

   (IV) For the fiscal year 1988-89, the first twenty-six million eight hundred thirty-three thousand one hundred twenty-eight dollars of any general fund revenues in excess of general fund appropriations, and after retention of the reserve as required by paragraph (d) of this subsection (1), shall be transferred to the general fund as of the last day of said fiscal year and shall be available for appropriation during the first extraordinary session of the fifty-seventh general assembly for the 1989-90 fiscal year for the purposes of expanding or providing additional correctional facilities. Any general fund revenues in excess of such twenty-six million eight hundred thirty-three thousand one hundred twenty-eight dollars shall be allocated to the capital construction fund and the general fund in the manner provided in subparagraph (I) of this paragraph (c).

   (V) For the fiscal year 1989-90 and each fiscal year thereafter ending with the fiscal year 1990-91, fifty percent of general fund revenues in excess of general fund appropriations, after retention of the reserve as required by paragraph (d) of this subsection (1), shall be transferred to the capital construction fund as of the last day of the fiscal year. The general assembly may appropriate such funds for capital construction purposes during the regular legislative session next following the actual transfer of moneys thereto; except that, for the fiscal year 1989-90 only, the general assembly may appropriate such funds during the regular legislative session held in 1990 for the purpose of alleviating prison overcrowding for the fiscal year 1989-90 or for any future fiscal year and may appropriate such funds for any other capital construction purposes during the regular legislative session next following the actual transfer of moneys to the capital construction fund. General fund revenues in excess of general fund appropriations and the required reserve which are not transferred to the capital construction fund as specified in this subparagraph (V) shall be available for appropriation for the fiscal year in which the excess is realized or for any future fiscal year, subject to the limitation on general fund appropriations set forth in paragraph (a) of this subsection (1). For the purposes of applying this subparagraph (V) to the fiscal years 1990-91 and 1991-92, the required reserve shall be considered four percent of the amount appropriated for expenditure from the general fund, notwithstanding the actual percentage reserve requirement specified in subparagraph (IV) of paragraph (d) of this subsection (1).

   (c.5) (I) For fiscal years 1991-92 and 1992-93, general fund revenues in excess of state general fund appropriations, after retention of the reserve as required by paragraph (d) of this subsection (1), shall be retained in the general fund and shall be available for appropriation for the fiscal year in which the excess is realized or for any future fiscal year, subject to the limitation on the level of state general fund appropriations set forth in subparagraph (II) of paragraph (a) of this subsection (1).

   (II) (A) On July 1, 1993, or as soon thereafter as moneys become available, there may be transferred to the controlled maintenance trust fund fifty percent of the fiscal year 1992-93 gross general fund revenues in excess of three billion three hundred four million four hundred thousand dollars not to exceed fifty million dollars. For purposes of this sub-subparagraph (A), "general fund revenue" shall exclude the beginning general fund reserve base amount of one hundred forty-five million one hundred thousand dollars. The capital development committee shall consider the extent to which excess general fund revenues are the result of expenditures of other general fund dollars and make a recommendation to the joint budget committee regarding excess dollars to be allocated to the controlled maintenance trust fund. The general assembly, by bill, shall determine the amount to be transferred and direct the state treasurer and the controller to make such transfer to the controlled maintenance trust fund.

   (B) Except as otherwise provided in sub-subparagraph (B.7) of this subparagraph (II), for the 1995-96 fiscal year and for each fiscal year thereafter, following the adoption by the general assembly of the general appropriation bill, there may be transferred to the controlled maintenance trust fund fifty percent of the general fund revenues for the prior fiscal year in excess of general fund appropriations, statutory rebates, and statutory transfers, not to exceed fifty million dollars, and after retention of the reserve required by paragraph (d) of this subsection (1). The capital development committee shall consider the extent to which excess general fund revenues are the result of expenditures of other general fund dollars and make a recommendation to the joint budget committee regarding excess dollars to be allocated to the controlled maintenance trust fund. The general assembly shall, by joint resolution, presented to and signed by the governor, determine the amount to be transferred and direct the state treasurer and the controller to make such transfer to the controlled maintenance trust fund.

   (B.5) In addition to any transfer that may be made to the controlled maintenance trust fund for the 1995-96 fiscal year pursuant to sub-subparagraph (B) of this subparagraph (II), the state treasurer and the controller shall transfer one hundred seventy-six million dollars from the general fund to the controlled maintenance trust fund on June 30, 1996.

   (B.7) For the 1995-96 fiscal year only, twenty million dollars shall be transferred from the general fund to the capital construction fund, and such moneys are hereby appropriated from the capital construction fund to the controlled maintenance trust fund.

   (C) The interest earned on the trust fund balance may be appropriated by the general assembly pursuant to the provisions of section 24-75-302.5. Any transfer made pursuant to the provisions of this subparagraph (II) shall not be deemed to be an appropriation subject to the limitations of this section.

   (d) For each fiscal year, unrestricted general fund year-end balances shall be retained as a reserve in the following amounts:

   (I) For fiscal years 1985-86 and 1986-87, five percent of the amount appropriated for expenditure from the general fund for the fiscal year;

   (II) For the fiscal year 1987-88, six percent of the amount appropriated for expenditure from the general fund for that fiscal year;

   (III) For the fiscal year 1988-89 and each fiscal year thereafter, except for the fiscal years 1990-91, 1991-92, and 1992-93, as provided in subparagraphs (IV) and (V) of this paragraph (d), four percent of the amount appropriated for expenditure from the general fund for that fiscal year;

   (IV) For the fiscal years 1990-91 and 1991-92, three percent of the amount appropriated for expenditure from the general fund for that fiscal year. The additional amount of general fund moneys made available for appropriation by the reduction in the required reserve from four percent to three percent for the fiscal year 1990-91, as provided in this subparagraph (IV), may be appropriated only for the purpose of alleviating prison overcrowding, and any such appropriation shall not be subject to the limitation on general fund appropriations set forth in paragraph (a) of this subsection (1). The additional amount of general fund moneys made available for appropriation by the reduction in the required reserve from four percent to three percent for the fiscal year 1991-92, as provided in this subparagraph (IV), may be appropriated for any lawful purpose.

   (V) For the fiscal year 1992-93, three percent of the amount appropriated for expenditure from the general fund for that fiscal year reduced by fourteen million dollars. The additional amount of general fund moneys made available for appropriation by the reduction in the required reserve from four percent to the amount provided in this subparagraph (V) may be appropriated during the fiscal year 1992-93 for any lawful purpose.

   (2) For each fiscal year ending with the 1985-86 fiscal year, the basis for the calculation of the percentage for the reserve as specified in subsection (1) of this section shall include all appropriations for expenditures and disbursements authorized by law from the general fund, including tax relief appropriations and other expenditures made in accordance with the provisions of subsection (1) of this section. For the 1986-87 fiscal year and each fiscal year thereafter ending with the fiscal year 1990-91, the basis for the calculation of the reserve as specified in paragraph (d) of subsection (1) of this section shall include all appropriations for expenditure from the general fund for such fiscal year but shall not include the fifty percent of excess revenues transferred from the general fund to the capital construction fund pursuant to paragraph (c) of subsection (1) of this section. For the 1991-92 fiscal year and each fiscal year thereafter, the basis for the calculation of the reserve as specified in paragraph (d) of subsection (1) of this section shall include all appropriations for expenditure from the general fund for such fiscal year, except for any appropriations for expenditure from the general fund due to a state fiscal emergency as provided for in subparagraph (IV) of paragraph (a) of subsection (1) of this section.

   (3) Any reimbursement made by a county to the state for the cost incurred by the state in reappraising any class or classes of taxable property for property tax purposes for which reimbursement is required by section 39-1-105.5, C.R.S., shall be made to the state treasurer, who shall, upon receipt thereof, credit the amount of such reimbursement to the state general fund.

-- COLORADO STATUTES

Colorado voters approved a Taxpayer's Bill of Rights Constitutional Amendment in 1992. It limits expenditures to growth of population and inflation. Revenue exceeding the limit must be refunded. Voters must approve any new or increase in taxes, except for certain emergency taxes, which must be approved by a 2/3 vote of the Legislature.

Article X – Revenue, Section 20

Section 20. The Taxpayer’s Bill of Rights. (1) General provisions. This section takes effect December 31, 1992 or as stated. Its preferred interpretation shall reasonably restrain most the growth of government. All provisions are self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions. Other limits on district revenue, spending, and debt may be weakened only by future voter approval. Individual or class action enforcement suits may be filed and shall have the highest civil priority of resolution. Successful plaintiffs are allowed costs and reasonable attorney fees, but a district is not unless a suit against it be ruled frivolous. Revenue collected, kept, or spent illegally since four full fiscal years before a suit is filed shall be refunded with 10% annual simple interest from the initial conduct. Subject to judicial review, districts may use any reasonable method for refunds under this section, including temporary tax credits or rate reductions. Refunds need not be proportional when prior payments are impractical to identify or return. When annual district revenue is less than annual payments on general obligation bonds, pensions, and final court judgements, (4) (a) and (7) shall be suspended to provide for the deficiency.

(2) Term definitions. Within this section: (a) "Ballot issue" means a non-recall petition or referred measure in an election.

(b) "District" means the state or any local government, excluding enterprises.

(c) "Emergency" excludes economic conditions, revenue shortfalls, or district salary or fringe benefit increases.

(d) "Enterprise" means a government-owned business authorized to issue its own revenue bonds and receiving under 10% of annual revenue in grants from all Colorado state and local governments combined.

(e) " Fiscal year spending" means all district expenditures and reserve increases except, as to both, those for refunds made in the current or next fiscal year or those from gifts, federal funds, collections for another government, pension contributions by employees and pension fund earnings, reserve transfers or expenditures, damage awards, or property sales.

(f) "Inflation" means the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index.

(g) "Local growth" for a non-school district means a net percentage change in actual value of all real property in a district from construction of taxable real property improvements, minus destruction of similar improvements, and additions to, minus deletions from, taxable real property. For a school district, it means the percentage change in its student enrollment.

(3) Election provisions. (a) Ballot issues shall be decided in a state general election, biennial local district election, or on the first Tuesday in November of odd-numbered years. Except for petitions, bonded debt, or charter or constitutional provisions, districts may consolidate ballot issues and voters may approve a delay of up to four years in voting on ballot issues. District actions taken during such a delay shall not extend beyond that period.

(b) 15-25 days before a ballot issue election, districts shall mail at the least cost, and as a package where districts with ballot issues overlap, a titled notice or set of notices addressed to "All Registered Voters" at each address of one or more active registered electors. Titles shall have this order of preference: "NOTICE OF ELECTION TO INCREASE TAXES/TO INCREASE DEBT/ON A CITIZEN PETITION/ON A REFERRED MEASURE." Except for district voter-approved additions, notices shall include only:

(i) The election date, hours, ballot title, text, and local election office address and telephone number.

(ii) For proposed district tax or bonded debt increases, the estimated or actual total of district fiscal year spending for the current year and each of the past four years, and the overall percentage and dollar change.

(iii) For the first full fiscal year of each proposed district tax increase, district estimates of the maximum dollar amount of each increase and of district fiscal year spending without the increase.

(iv) For proposed district bonded debt, its principal amount and maximum annual and total district repayment cost, and the principal balance of total current district bonded debt and its maximum annual and remaining total district repayment cost.

(v) Two summaries, up to 500 words each, one for and one against the proposal, of written comments filed with the election officer by 30 days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the proposal. Petition representatives following these rules shall write this summary for their petition. The election officer shall maintain and accurately summarize all other relevant written comments. The provisions of this subparagraph (v) do not apply to a statewide ballot issue, which is subject to the provisions of section 1 (7.5) of article V of this constitution.

(c) Except by later voter approval, if a tax increase or fiscal year spending exceeds any estimate in (b) (iii) for the same fiscal year, the tax increase is thereafter reduced up to 100% in proportion to the combined dollar excess, and the combined excess revenue refunded in the next fiscal year. District bonded debt shall not issue on terms that could exceed its share of its maximum repayment costs in (b)(iv). Ballot titles for tax or bonded debt increases shall begin, "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),…?"

(4) Required elections. Starting November 4, 1992, districts must have voter approval in advance for: (a) Unless (1) or (6) applies, 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.

(b) Except for refinancing district bonded debt at a lower interest rate or adding new employees to existing district pension plans, 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.

(5) Emergency reserves. To use for declared emergencies only, each district shall reserve for 1993 1% or more, for 1994 2% or more, and for all later years 3% or more of its fiscal year spending excluding bonded debt service. Unused reserves apply to the next year’s reserve.

(6) Emergency taxes. This subsection grants no new taxing power. Emergency property taxes are prohibited. Emergency tax revenue is excluded for purposes of (3) (c) and (7), even if later ratified by voters. Emergency taxes shall also meet all of the following conditions: (a) A 2/3 majority of the members of each house of the general assembly or of a local district board declares the emergency and imposes the tax by separate recorded roll call votes.

(b) Emergency tax revenue shall be spent only after emergency reserves are depleted, and shall be refunded within 180 days after the emergency ends if not spent on the emergency.

(c) A tax not approved on the next election date 60 days or more after the declaration shall end with that election month..

(7) Spending limits. (a) The 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 voters after 1991. Population shall be determined by annual federal census estimates and such number shall be adjusted every decade to match the federal census.

(b) The 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 voters after 1991 and (8) (b) and (9) reductions.

(c) The maximum annual percentage change in each district’s property tax revenue equals inflation in the prior calendar year plus annual local growth, adjusted for property tax revenue changes approved by voters after1991 and (8) (b) and (9) reductions.

(d) If revenue from sources not excluded from fiscal year spending exceeds these limits in dollars for that fiscal year, the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Initial district bases are current fiscal year spending and 1991 property tax collected in 1992. Qualification or disqualification as an enterprise shall change district bases and future year limits. Future creation of district bonded debt shall increase, and retiring or refinancing district bonded debt shall lower, fiscal year spending and property tax revenue by the annual debt service so funded. Debt service changes, reductions, (1) and (3) ( c) refunds, and voter-approved revenue changes are dollar amounts that are exceptions to, and not part of, any district base. Voter-approved revenue changes do not require a tax rate change.

(8) Revenue limits. (a) New or increased transfer tax rates on real property are prohibited. No new state real property tax or local district income tax shall be imposed. Neither an income tax rate increase nor a new state definition of taxable income shall apply before the next tax year. Any income tax law change after July 1, 1992 shall also 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.

(b) Each district may enact cumulative uniform exemptions and credits to reduce or end business personal property taxes.

(c) Regardless of reassessment frequency, valuation notices shall be mailed annually and may be appealed annually, with no presumption in favor of any pending valuation. Past or future sales by a lender or government shall also be considered as comparable market sales and their sales prices kept as public records. Actual value shall be stated on all property tax bills and valuation notices and, for residential real property, determined solely by the market approach to appraisal.

(9) State mandates. Except for public education through grade 12 or as required of a local district by federal law, a local district may reduce or end its subsidy to any program delegated to it by the general assembly for administration. For current programs, the state may require 90 days notice and that the adjustment occur in a maximum of three equal annual installments.

Enacted by the People November 3, 1992 — section 1 of article V of this constitution provides that initiated measures shall take effect upon the Governor’s proclamation. Subsection (1) of this section provides that this section shall take effect December 31, 1992, or as stated. (See subsection (4).) The Governor’s proclamation was signed January 14, 1993. (For the text of this initiated measure, see L. 93, p. 2165.); section 20 (3) (b) (v) amended November 8, 1994 — Effective upon proclamation of the Governor, January 19, 1995. (See L. 94, p. 2851.)

Editor’s note: (1) This section originally contained provisions relating to the 1976 winter olympics. Those provisions were repealed, effective January 3, 1989.

(2) Amendments to the introductory portion to subsection (3) (b) and to subsection (3) (b) (IV) of this section increasing the time period for mailing ballot information to registered voters before a ballot issue election will be submitted to the registered electors of this state, for their approval or rejection, at the next election at which such question may be submitted. For the text of the amendment, see Senate Concurrent Resolution 95-007, as printed in L. 95, p. 1425.

-- THE CONSTITUTION OF THE STATE OF COLORADO

Colorado’s Constitution limits the state’s Governor to two consecutive terms.

ARTICLE IV -- Executive Department

Section 1. Officers ­ terms of office. (1) The executive department shall include the governor, lieutenant governor, secretary of state, state treasurer, and attorney general, each of whom shall hold his office for the term of four years, commencing on the second Tuesday of January in the year 1967, and each fourth year thereafter. They shall perform such duties as are prescribed by this constitution or by law.

(2) In order to broaden the opportunities for public service and to guard against excessive concentrations of power, no governor, lieutenant governor, secretary of state, state treasurer, or attorney general shall serve more than two consecutive terms in such office. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1991. Any person who succeeds to the office of governor or is appointed or elected to fill a vacancy in one of the other offices named in this section, and who serves at least one­half of a term of office, shall be considered to have served a term in that office for purposes of this subsection (2). Terms are considered consecutive unless they are at least four years apart.

[As amended November 3, 1964. (See Laws 1964, p. 837.); as amended by the People November 6, 1990 ­­ Effective upon proclamation of the Governor, January 3, 1991. (For the text of the initiated measure and the votes cast thereon, see L. 91, p. 2035.)]

-- THE CONSTITUTION OF THE STATE OF COLORADO

Colorado’ Constitution limits the terms of members of the State House of Representatives to four consecutive two-year terms, and members of the State Senate to two consecutive four-year terms.

 ARTICLE V -- Legislative Department

Section 3. Terms of senators and representatives. (1) Senators shall be elected for the term of four years and representatives for the term of two years.

(2) In order to broaden the opportunities for public service and to assure that the general assembly is representative of Colorado citizens, no senator shall serve more than two consecutive terms in the senate, and no representative shall serve more than four consecutive terms in the house of representatives. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1991. Any person appointed or elected to fill a vacancy in the general assembly and who serves at least one­half of a term of office shall be considered to have served a term in that office for purposes of this subsection (2). Terms are considered consecutive unless they are at least four years apart.

As amended November 5, 1974 ­ Effective upon proclamation of the Governor, December 20, 1974. (See Laws 1974, p. 448.); as amended by the People November 6, 1990 ­­ Effective upon proclamation of the Governor, January 3, 1991. (For the text of the initiated measure and the votes cast thereon, see L. 91, p. 2035.)

-- THE CONSTITUTION OF THE STATE OF COLORADO

Created by: Jennifer L. Crull

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