Section 1. General assembly-People-Initiative and referendum.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, item, section or part of any act of the general assembly. The first power hereby reserved by the people is the INITIATIVE, and at least eight per cent. of the legal voters shall be required to propose any measure by petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions for state legislation and amendments to the constitution, shall be addressed to and filed with the secretary of state at least four months before the election at which they are to be voted upon. 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 department of state and state institutions, against any act, section or part of any act of the general assembly, either by a petition signed by five per cent. of the legal voters or by the general assembly. Referendum petitions 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 an act from becoming operative. The veto power of the governor shall not extend to measures initiated by or referred to the people. All elections on measures referred to the people of the state shall be held at the biennial regular general election and all such measures shall become the law or a part of the constitution, when approved by a majority of the votes cast thereon, and not otherwise, and shall take effect from and after the date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed. This section shall not be construed to deprive the general assembly of the right to enact any measure. The whole number of votes cast for secretary of state at the regular general election last preceding the filing of any petition for the initiative or referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. The secretary of state shall submit all measures initiated by or referred to the people for adoption or rejection at the polls, in compliance herewith. The petition shall consist of sheets having such general form printed or written at the top thereof as shall be designated or prescribed by the secretary of state; such petition shall be signed by qualified electors in their own proper persons only, to which shall be attached the residence address of such person and the date of signing the same. To each of such petitions, which may consist of one or more sheets, shall be attached an affidavit of some qualified elector, that each signature thereon is the signature of the person whose name it purports to be, and that to the best of the knowledge and belief of the affiant, each of the persons signing said petition was at the time of signing, a qualified elector. Such petition so verified shall be prima facie evidence that the signatures thereon are genuine and true and that the persons signing the same are qualified electors. The text of all measures to be submitted shall be published as constitutional amendments are published, and in submitting the same and in all matters pertaining to the form of all petitions the secretary of state and all other officers shall be guided by the general laws, and the act submitting this amendment, until legislation shall be especially provided therefor. The style of all laws adopted by the people through the Initiative shall be, "Be it Enacted by the People of the State of Colorado." The initiative and referendum powers reserved to the people by this section are hereby further reserved to the legal voters of every city, town and municipality as to all local, special and municipal legislation of every character in or for their respective municipalities. The manner of exercising said powers shall be prescribed by general laws, except that cities, towns and municipalities may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. Not more than ten per cent. of the legal voters may be required to order the referendum, nor more than fifteen per cent to propose any measure by the initiative in any city, town or municipality. This section of the constitution shall be in all respects self executing. [Amended section as proposed by L. 1910, p. 11, and adopted November, 1910. Sec. 2. Election of members-Vacancies.-An election for members of the general assembly shall be held on the first Tuesday in October, in the years of our Lord 1876 and 1878, and in every alternate year thereafter, on such day, at such places in each county as now are or hereafter may be provided by law. The first election for members of the general assembly under the state organization, shall be conducted in the manner prescribed by the laws of Colorado Territory, regulating elections for members of the legislative assembly thereof. When vacancies occur in either house, the governor, or person exercising the powers of govrnor, shall issue writs of election to fill such vacancies. Sec. 3. Terms of senators and representatives.—Senators shall be elected for the term of four years, except as hereinafter provided, and representatives for the term of two years. Sec. 4. Qualifications of members-General assembly.-No person shall be a representative or senator who shall not have attained the age of twenty-five years, who shall not be a citizen of the United States, who shall not for at least twelve months next preceding his election, have resided within the territory included in the limits of the county or district in which he shall be chosen; Provided, That any person who at the time of the adoption of this constitution, was a qualified elector under the territorial laws, shall be eligible to the first general assembly. Sec. 5. Classification of senators.-The senators at their first session, shall be divided into two classes. Those elected in districts designated by even numbers shall constitute one class; those elected in districts designated by odd numbers shall constitute the other class, except that senators elected in each of the districts having more than one senator shall be equally divided between the two classes. The senators of one class shall hold for two years, those of the other class shall hold for four years, to be decided by lot between the two classes, so that one-half of the senators, as near as practicable, may be biennially chosen forever thereafter. Sec. 6. Compensation of members of general assembly.-Each member of the general assembly, until otherwise provided by law, shall receive as compensation for his services the sum of one thousand ($1,000) dollars for each biennial period, payable at the rate of $7.00 per day during both the regular and special sessions, the remainder, if any, payable on the first day of the last month of each biennial period; together with all actual and necessary traveling expenses to be paid after the same have been incurred and audited, and the said members of the general assembly shall receive no other compensation, perquisite or allowance whatever. No general assembly shall fix its own compensation. [Amended section as proposed by L. 1909, p. 314. Adopted November, 1910.] Sec. 7. General assembly-Shall meet when-Term of members.The general assemblye shall meet at 12 o'clock, noon, on the first Wednesday in November, A. D. 1876; and at 12 o'clock, noon, on the first Wednesday in January, A. D. 1879, and at 12 o'clock, noon on the first Wednesday of January of each alternate year forever thereafter; and at other times when convened by the governor. The term of service of the members thereof shall begin on the first Wednesday of November nxt after their election, until otherwise provided by law. Sec. 8. Members precluded from holding office.-No senator or representative shall, during the time for which he shall have been elected be appointed to any civil office under this state; and no member of congress, or other person holding any office (except of attorney-at-law, notary public, or in the militia) under the United States or this state, shall be a member of either house during his continuance in office. Sec. 9. Increase of salary-When forbidden.-No member of either house shall, during the term for which he may have been elected, receive any increase of salary or mileage, under any law passed during such term. Sec. 10. Each house choose its officers-The senate shall at, the begining and close of each regular session, and at such other times as may be necessary, elect one of its members president pro tempore. The house of representatives shall elect one of its members as speaker. Each house shall choose its other officers, and shall judge of the election and qualifification of its members. Sec. 11.Quorum.-A majority of each house shall constitute a quorum, but a smaller number may adjourn from day to day and compel the attendance of absent members. Sec. 12. Each house makes and enforces rules. Each house shall have power to determine the rules of its proceedings and punish its mem bers or other persons for contempt or disorderly behavior in its presence; to enforce obedience to its process; to protect its members against violence, or offers of bribes or private solicitation, and, with the concurrence of two-thirds, to expel a member, but not a second time for the same cause, and shall have all other powers necessary for the legislature of a free state. A member, expelled for corruption, shall not thereafter be eligible to either house of the same general assembly, and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense. Sec. 13. Journal-Publication-Ayes and noes to be entered, when.— Each house shall keep a journal of its proceedings, and may, in its discretion, from time to time, publish the same, except such matters as require secrecy, and the ayes and noes on any question shall, at the desire of any two members, be entered on the journal. Sec. 14. Open sessions.-The sessions of each house, and of the committees of the whole, shall be open, unless when the business is such as ought to be kept secret. Sec. 15. Adjournment for more than three days.—Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Sec. 16. Privilege of members.-The members of the general assembly shall, in all cases except treason, felony, violation of their oath of office, and breach of surety of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place. Sec. 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. Sec. 18. Enacting clause.-The style of the laws of this state shall be "Be it enacted by the General Assembly of the State of Colorado." Sec. 19. Laws take effect in ninety days, except introduction of bills. No act of the general assembly shall take effect until ninety days after its passage unless in case of emergency (which shall be expressed in the act) the general assembly shall, by vote of two-thirds of all members elected to each house, otherwise direct. No bill except the general appropriation bill for the expenses of the government only, introduced in either house of the general assembly after the first fifteen days of the session shall become law." [Amended section as proposed by L. 1917, p. 602. Adopted November 5, 1918.] |