(1) As used in this section, unless the context otherwise requires, director means the director of research of the legislative council of the general assembly.
(1.5) (a) For every initiated measure properly submitted to the title board, the director shall prepare a fiscal summary that consists of the following information:
(I) (A) A description of the measure's fiscal impact, including a preliminary estimate of any change in state and local government revenues, expenditures, taxes, or fiscal liabilities if implemented; and
(B) For a measure that proposes a tax increase, the director shall include in the description of the measure's fiscal impact a preliminary estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in section 20 (2)(e) of article X of the state constitution, for the first and, if phased in, final full fiscal year of the proposed tax increase;
(II) A qualitative description of the economic impacts of the measure if implemented;
(III) Any information from the initiated measure or a description of state and local government implementation in order to provide the information required in subsection (1.5)(a)(I) or (1.5)(a)(II) of this section;
(IV) The following statement: This fiscal summary, prepared by the nonpartisan Director of Research of the Legislative Council, contains a preliminary assessment of the measure's fiscal impact. A full fiscal impact statement for this initiative is or will be available at www.ColoradoBlueBook.com..
(V) If the measure would either increase or decrease the individual income tax rate, a table that shows the estimated effect of the change on the tax owed by individuals in different income categories. The table prepared by the director must have one column titled income categories that shows income categories, one column titled current average income tax owed that shows the average income tax owed by filers within each income category, one column titled proposed average income tax owed that shows the average income tax owed by filers within each income category if the initiated measure were to pass, and one column titled proposed change in average income tax owed that identifies the difference between the average income tax owed by filers within each income category if the initiated measure were to pass and if the initiated measure were not to pass. If the difference in the amount of tax owed shown in the table is an increase, the change must be expressed as a dollar amount preceded by a plus sign. If the change in the amount of tax owed shown in the table is a decrease, the change must be expressed as a dollar amount preceded by a negative sign. The director shall use the following income categories in creating the table:
(A) Federal adjusted gross income of twenty-five thousand dollars or less;
(B) Federal adjusted gross income greater than twenty-five thousand dollars and no more than fifty thousand dollars;
(C) Federal adjusted gross income greater than fifty thousand dollars and no more than one hundred thousand dollars;
(D) Federal adjusted gross income greater than one hundred thousand dollars and no more than two hundred thousand dollars;
(E) Federal adjusted gross income greater than two hundred thousand dollars and no more than five hundred thousand dollars;
(F) Federal adjusted gross income greater than five hundred thousand dollars and no more than one million dollars;
(G) Federal adjusted gross income greater than one million dollars and no more than two million dollars; and
(H) Federal adjusted gross income greater than two million dollars and no more than five million dollars.
(b) If an initiated measure has no fiscal impact as specified in subsection (1.5)(a)(I) or (1.5)(a)(II), then the director may include a statement that there is no fiscal impact under that provision.
(c) The director shall notify the secretary of state if the website for fiscal summaries changes, and in such case, the statement required in subsection (1.5)(a)(IV) must include the new website.
(d) The director shall provide the designated representatives of the proponents and the secretary of state with the fiscal summary no later than the time of the title board meeting at which the proposed initiated measure is to be considered. The title board shall not conduct a hearing on the fiscal summary at this title board meeting, and the director's fiscal summary is final, unless modified in accordance with section 1-40-107.
(2) (a) For every initiated measure for which the secretary of state has approved a petition section in accordance with section 1-40-113 (1)(a), the director shall prepare an initial fiscal impact statement, taking into consideration any fiscal impact estimate submitted by the designated representatives of the proponents or other interested person that is submitted in accordance with subsection (2)(b) of this section, the office of state planning and budgeting, and the department of local affairs. The director shall provide the designated representatives of the proponents and the secretary of state with a copy of the fiscal impact statement no later than fourteen days after the petition section was approved. The director shall also post the fiscal impact statement on the legislative council staff website on the same day that it is provided to the designated representatives of the proponents. The fiscal impact statement is not subject to review by the title board or the Colorado supreme court under this article 40.
(b) The designated representatives of the proponents or any other interested person may submit a fiscal impact estimate that includes an estimate of the effect the measure will have on state and local government revenues, expenditures, taxes, and fiscal liabilities if it is enacted, or a draft fiscal summary with the information specified in subsection (1.5) of this section. The director shall consider these estimates and the bases thereon when preparing the initial fiscal impact statement and shall consider the draft fiscal summary when preparing the fiscal summary.
(c) The initial fiscal impact statement must:
(I) Be substantially similar in form and content to the fiscal notes provided by the legislative council of the general assembly for legislative measures pursuant to section 2-2-322, C.R.S.;
(II) Indicate whether there is a fiscal impact for the initiated measure.
(III) (Deleted by amendment, L. 2020.)
(3) Repealed.
(4) The fiscal summary for a measure, as amended in accordance with section 1-40-107, must be included in a petition section as provided in section 1-40-110 (3).
(5) Neither the legislative council of the general assembly nor its executive committee may modify the initial fiscal impact statement prepared by the director. This restriction does not apply to the final fiscal impact statement prepared in accordance with section 1-40-124.5.
(6) At the same time the director posts the initial fiscal impact statement on the legislative council website, he or she shall also post on the website all fiscal impact estimates received in accordance with paragraph (b) of subsection (2) of this section.
Source: L. 2015: Entire section added, (HB 15-1057), ch. 198, p. 676, � 3, effective March 26, 2016. L. 2020: (1.5) added, (2)(a), (2)(b), (2)(c)(II), (2)(c)(III), and (4) amended, and (3) repealed, (HB 20-1416), ch. 232, p. 1122, � 2, effective November 1. Referred 2022: (1.5)(a)(III) amended and (1.5)(a)(V) added, Proposition GG, (SB 22-222), ch. 508, p. 4275, � 2, effective upon proclamation of the Governor, December 27, 2022. See L. 2023, p. 3636. L. 2025: (1.5)(a)(I) amended, (HB 25-1327), ch. 446, p. 2563, � 2, effective June 4.
Editor's note: (1) This section was amended by SB 22-222. That bill contained a referendum clause and was approved by a vote of the registered electors of the state of Colorado on November 8, 2022. The amended version of this section took effect upon the proclamation of the Governor, December 27, 2022. The vote count for the measure was as follows:
YES: 1,704,757
NO: 665,476
(2) Section 8(1) of chapter 446 (HB 25-1327), Session Laws of Colorado 2025, provides that the act changing this section applies to drafts that are submitted on or after June 4, 2025.
1-40-106. Title board - meetings - ballot title - initiative and referendum - definitions - rules. (1) For ballot issues, beginning with the first submission of a draft after an election, the secretary of state shall convene a title board consisting of the secretary of state, the attorney general, and the director of the office of legislative legal services or their designees. The title board, by majority vote, shall proceed to designate and fix a proper fair title for each proposed law or constitutional amendment, together with a submission clause, at public meetings to be held at the hour determined by the title board on the first and third Wednesdays of each month in which a draft or a motion for reconsideration has been submitted to the secretary of state. To be considered at such meeting, the proponents must submit the draft to the secretary of state no later than 3 p.m. on the twelfth day before the meeting at which the title board will consider the draft, and the designated representatives of the proponents must comply with the requirements of subsection (4) of this section. The title board must hold its first meeting no sooner than the first Wednesday in December after an election, and the title board must hold its last meeting no later than the third Wednesday in April in the year in which the measure is to be voted on.
(2) (Deleted by amendment, L. 95, p. 431, � 4, effective May 8, 1995.)
(3) (a) (Deleted by amendment, L. 2000, p. 1620, � 1, effective August 2, 2000.)
(b) In setting a title, the title board shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a yes/for or no/against vote will be unclear. The title for the proposed law or constitutional amendment, which shall correctly and fairly express the true intent and meaning thereof, together with the ballot title and submission clause, shall be completed, except as otherwise required by section 1-40-107, within two weeks after the first meeting of the title board. Immediately upon completion, the secretary of state shall deliver the same with the original to the designated representatives of the proponents, keeping the copy with a record of the action taken thereon. Ballot titles shall be brief, shall not conflict with those selected for any petition previously filed for the same election, and, shall be in the form of a question which may be answered yes/for (to vote in favor of the proposed law or constitutional amendment) or no/against (to vote against the proposed law or constitutional amendment) and which shall unambiguously state the principle of the provision sought to be added, amended, or repealed.
(c) (I) In order to avoid confusion between a proposition and an amendment, as such terms are used in section 1-5-407 (5)(b), the title board shall describe a proposition in a ballot title as a change to the Colorado Revised Statutes and an amendment as an amendment to the Colorado constitution.
(II) The title board shall indicate in the ballot title whether the change to the Colorado Revised Statutes or amendment to the Colorado constitution modifies, extends, or repeals existing law or creates new law.
(d) A ballot title for a statewide referred measure must be in the same form as a ballot title for an initiative as required by paragraph (c) of this subsection (3).
(e) For measures that reduce state tax revenue through a tax change, the ballot title must begin Shall there be a reduction to the (description of tax) by (the percentage by which the tax is reduced in the first full fiscal year that the measure reduces revenue) thereby reducing state revenue, which will reduce funding for state expenditures that include but are not limited to (the three largest areas of program expenditure) by an estimated (projected dollar figure of revenue reduction to the state in the first full fiscal year that the measure reduces revenue) in tax revenue...?. If the ballot measure specifies the public services or programs that are to be reduced by the tax change, those public services or programs must be stated in the ballot title. If the public services or programs identified in the measure are insufficient to account for the full dollar value of the tax change in the first full fiscal year that the measure reduces revenue, then the three largest areas of program expenditure must be stated in the bill title along with the public services or programs identified in the measure. The estimates reflected in the ballot title shall not be interpreted as restrictions of the state's budgeting process.
(f) For measures that reduce local district property tax revenue through a tax change, the ballot title must begin Shall funding available for counties, school districts, water districts, fire districts, and other districts funded, at least in part, by property taxes be impacted by a reduction of (projected dollar figure of property tax revenue reduction to all districts in the first full fiscal year that the measure reduces revenue) in property tax revenue...?. The title board shall exclude any districts whose property tax revenue would not be reduced by the measure from the measure's ballot title. The estimates reflected in the ballot title shall not be interpreted as restrictions of a local district's budgeting process.
(g) (I) For measures that increase tax revenue for any district through a tax change and specify the public services to be funded by the increased revenue, after the language required by section 20 (3)(c) of article X of the state constitution, the ballot title shall state in order to increase or improve levels of public services, including (the public service specified in the measure).... For measures that increase tax revenue for any district through a tax change and do not specify the public services to be funded by the increased revenue, after the language required by section 20 (3)(c) of article X of the state constitution, the ballot title shall state in order to increase or improve levels of public services....
(II) For measures that propose a tax increase, for purposes of complying with section 20 (3)(c) of article X of the state constitution, the title board shall rely on the preliminary estimate of the maximum dollar amount of the change in state and local government revenue for the first or, if phased in, final full fiscal year of the proposed tax increase determined pursuant to section 1-40-105.5 (1.5)(a)(I)(B).
(III) The estimates reflected in the ballot title shall not be interpreted as restrictions of a district's budgeting process.
(h) In determining whether a ballot title qualifies as brief for purposes of section 1-40-102 (10) and subsection (3)(b) of this section, the language required by subsection (3)(e), (3)(f), (3)(g), or (3)(j) of this section may not be considered.
(i) As used in this subsection (3), unless the context otherwise requires:
(I) Areas of program expenditure means categories of spending by issue area. For state expenditures, the three largest areas of program expenditure refers to the three program types listed as receiving the largest general fund operating appropriations in the joint budget committee's annual appropriations report for the most recent fiscal year.
(II) Tax change means any initiated ballot issue or initiated ballot question that has a primary purpose of lowering or increasing tax revenues collected by a district, including a reduction or increase of tax rates, mill levies, assessment ratios, or other measures, including matters pertaining to tax classification, definitions, credits, exemptions, monetary thresholds, qualifications for taxation, or any combination thereof, that reduce or increase a district's tax collections. Tax change does not mean an initiated ballot issue or initiated ballot question that results in a decrease or increase in revenue to a district in which such decrease or increase is incidental to the primary purpose of the initiated ballot issue or initiated ballot question.
(j) A ballot title for a measure that either increases or decreases the individual income tax rate must, if applicable, include the table created for the fiscal summary pursuant to section 1-40-105.5 (1.5)(a)(V).
(3.5) For every proposed constitutional amendment, the title board shall determine whether the proposed constitutional amendment only repeals in whole or in part a provision of the state constitution for purposes of section 1 (4)(b) of article V of the state constitution. The secretary of state shall keep a record of the determination made by the title board.
(4) (a) Each designated representative of the proponents shall appear at any title board meeting at which the designated representative's ballot issue is considered.
(b) Each designated representative of the proponents shall certify by a notarized affidavit that the designated representative is familiar with the provisions of this article, including but not limited to the prohibition on circulators' use of false addresses in completing circulator affidavits and the summary prepared by the secretary of state pursuant to paragraph (c) of this subsection (4). The affidavit shall include a physical address at which process may be served on the designated representative. The designated representative shall sign and file the affidavit with the secretary of state at the first title board meeting at which the designated representative's ballot issue is considered.
(c) The secretary of state shall prepare a summary of the designated representatives of the proponents' responsibilities that are set forth in this article.
(d) The title board shall not set a title for a ballot issue if either designated representative of the proponents fails to appear at a title board meeting or file the affidavit as required by paragraphs (a) and (b) of this subsection (4). The title board may consider the ballot issue at its next meeting, but the requirements of this subsection (4) shall continue to apply.
(e) The secretary of state shall provide a notary public for the designated representatives at the title board meeting.
Source: L. 93: Entire article amended with relocations, p. 679, � 1, effective May 4. L. 95: (1), (2), and (3)(a) amended, p. 431, � 4, effective May 8. L. 2000: (3) amended, p. 1620, � 1, effective August 2. L. 2004: (1) amended, p. 756, � 1, effective May 12. L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1170, � 4, effective July 1. L. 2011: (1) and (3)(b) amended and (4) added, (HB 11-1072), ch. 255, p. 1102, � 3, effective August 10. L. 2012: (1) and (3)(b) amended, (HB 12-1313), ch. 141, p. 510, � 1, effective April 26; (3)(c) and (3)(d) added, (HB 12-1089), ch. 70, p. 241, � 2, effective May 1; (3)(b) amended, (HB 12-1089), ch. 70, p. 241, � 2, effective January 1, 2013. L. 2017: (3.5) added, (SB 17-152), ch. 169, p. 616, � 1, effective August 9. L. 2021: (3)(e), (3)(f), (3)(g), (3)(h), and (3)(i) added, (HB 21-1321), ch. 474, p. 3395, � 3, effective July 7. Referred 2022: (3)(h) amended and (3)(j) added, Proposition GG, (SB 22-222), ch. 508, p. 4276, � 3, effective upon proclamation of the Governor, December 27, 2022. See L. 2023, p. 3636. L. 2025: (1), (3)(c), and (3)(g) amended, (HB 25-1327), ch. 446, p. 2563, � 3, effective June 4.
Editor's note: (1) This section is similar to former � 1-40-101 as it existed prior to 1993, and the former � 1-40-106 was relocated. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Amendments to subsection (3)(b) by House Bill 12-1089 and House Bill 12-1313 were harmonized.
(3) This section was amended by SB 22-222. That bill contained a referendum clause and was approved by a vote of the registered electors of the state of Colorado on November 8, 2022. The amended version of this section took effect upon the proclamation of the Governor, December 27, 2022. The vote count for the measure was as follows:
YES: 1,704,757
NO: 665,476
(4) Section 8(1) of chapter 446 (HB 25-1327), Session Laws of Colorado 2025, provides that the act changing this section applies to drafts that are submitted on or after June 4, 2025.
Cross references: (1) For the general assembly, powers, and initiative and referendum reserved to the people, see also � 1 of art. V, Colo. Const.; for recall from office, see art. XXI, Colo. Const.
(2) For the legislative declaration in the 2011 act amending subsections (1) and (3)(b) and adding subsection (4), see section 1 of chapter 255, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (3)(b) and adding subsections (3)(c) and (3)(d), see section 1 of chapter 70, Session Laws of Colorado 2012.
(3) For the short title (Ballot Measure Fiscal Transparency Act of 2021) in HB 21-1321, see section 1 of chapter 474, Session Laws of Colorado 2021.
1-40-106.5. Single-subject requirements for initiated measures and referred constitutional amendments - legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) Section 1 (5.5) of article V and section 2 (3) of article XIX of the state constitution require that every constitutional amendment or law proposed by initiative and every constitutional amendment proposed by the general assembly be limited to a single subject, which shall be clearly expressed in its title;
(b) Such provisions were referred by the general assembly to the people for their approval at the 1994 general election pursuant to Senate Concurrent Resolution 93-4;
(c) The language of such provisions was drawn from section 21 of article V of the state constitution, which requires that every bill, except general appropriation bills, shall be limited to a single subject, which shall be clearly expressed in its title;
(d) The Colorado supreme court has held that the constitutional single-subject requirement for bills was designed to prevent or inhibit various inappropriate or misleading practices that might otherwise occur, and the intent of the general assembly in referring to the people section 1 (5.5) of article V and section 2 (3) of article XIX was to protect initiated measures and referred constitutional amendments from similar practices;
(e) The practices intended by the general assembly to be inhibited by section 1 (5.5) of article V and section 2 (3) of article XIX are as follows:
(I) To forbid the treatment of incongruous subjects in the same measure, especially the practice of putting together in one measure subjects having no necessary or proper connection, for the purpose of enlisting in support of the measure the advocates of each measure, and thus securing the enactment of measures that could not be carried upon their merits;
(II) To prevent surreptitious measures and apprise the people of the subject of each measure by the title, that is, to prevent surprise and fraud from being practiced upon voters.
(2) It is the intent of the general assembly that section 1 (5.5) of article V and section 2 (3) of article XIX be liberally construed, so as to avert the practices against which they are aimed and, at the same time, to preserve and protect the right of initiative and referendum.
(3) It is further the intent of the general assembly that, in setting titles pursuant to section 1 (5.5) of article V, the initiative title setting review board created in section 1-40-106 should apply judicial decisions construing the constitutional single-subject requirement for bills and should follow the same rules employed by the general assembly in considering titles for bills.
Source: L. 94: Entire section added, p. 73, � 1, effective January 19, 1995.
Editor's note: Section 2 of chapter 22, Session Laws of Colorado 1994, provided that the act enacting this section was effective on the date of the proclamation of the Governor announcing the approval, by the registered electors of the state, of SCR 93-004, enacted at the First Regular Session of the Fifty-ninth General Assembly. The date of the proclamation of the Governor announcing the approval of SCR 93-004 was January 19, 1995. (See L. 95, p. 1427.)