Researching Colorado Resolutions and Memorials, 0917 COBJ, Vol. 46, No. 8 Pg. 14

AuthorCHRIS HUDSON, J.

46 Colo.Law. 14

Researching Colorado Resolutions and Memorials

Vol. 46, No. 8 [Page 14]

The Colorado Lawyer

September, 2017

August, 2017

LEGAL RESEARCH CORNER

CHRIS HUDSON, J.

Most researchers are well aware of the legislative process to create, amend, and repeal laws. Bills that are passed by both chambers and approved by the governor become acts that are codified and compiled into the Colorado Revised Statutes. Bills that are not passed, or are vetoed and not overridden, die with the legislative session. Researching the legislative history of a bill or act can be rewarding. It can provide a window into the legislators’ intent where the law is ambiguous, and it is an effective tool for uncovering the political and cultural atmospheres surrounding historically significant legislation. A number of authorities have addressed the legislative history research process.1

Researchers may not be aware that, in addition to bills, the legislature uses a number of other measures to accomplish specific tasks. Tis article briefly examines concurrent resolutions, joint and simple resolutions, and joint and simple memorials. Understanding the purpose of these legislative actions and how to research them is important, especially when conducting historical legal research.

Concurrent Resolutions

Colorado legislators use concurrent resolutions for three purposes: to propose amendments to the state constitution,[2] to call for a constitutional convention,3 and to ratify amendments to the U.S. Constitution.4 The classification of the different types of resolutions and memorials is found in Colorado House Rule 26 and Colorado Senate Rule 30. Te two rules are very similar in function; however, they provide for slightly different procedures.

Concurrent resolutions to amend the state constitution are by far the most common. Te General Assembly passes them regularly to refer proposed constitutional amendments to the voters (called referendums on the ballot). Because they can affect the state constitution, this type of concurrent resolution is of particular interest to practitioners and legal scholars. Te two other types of concurrent resolution are very uncommon. To date, no constitutional conventions have been called (although at least three attempts have been made).5 And the General Assembly passed the last concurrent resolution to ratify an amendment to the U.S. Constitution in 1984, ratifying the 27th Amendment.6

The House and Senate rules treat concurrent resolutions like bills in all respects, except for the requirement of a two-thirds vote.7 Consequently, researching a concurrent resolution is much like researching the legislative history of a bill.8 Unlike bills, however, concurrent resolutions are not presented to the governor for approval.9 Concurrent resolutions to ratify amendments to the U.S. Constitution become effective upon passage by the General Assembly.10 And, pursuant to Article XIX of the Colorado Constitution, referred constitutional amendments and calls for a constitutional convention must be presented to the voters for approval or rejection at the next general election.11

This adds one additional step to the usual legislative history research process—researching the election and its results. In 1954, the Legislative Council of the Colorado General Assembly began distributing information booklets to registered voters.12 Commonly called the “Blue Book,” the booklets contain an impartial analysis of each measure appearing on the ballot, including referendums. Electronic copies are available online from the Colorado Secretary of State’s Election Results Archives (1954–present)13 and the University of Denver Westminster Law Library (1954–2012).[14] Print copies are available for public review at the Colorado Joint Legislative Library,15 Colorado Supreme Court Library,16 University of Colorado William A. Wise Law Library,17 and some public libraries.

Election results for the years 1902 forward are also included in the Colorado Secretary of State’s election results archive.18 Most of the documents are PDF scans of original print materials (Abstract of Votes and Blue Books), and more recent election results are also available in Microsoft Excel spreadsheet format. Print copies of the Abstract of Votes are available at the Joint Legislative Library (1892–current).

Finally, information on referred and initiated measures is available in the General Assembly’s Online Database of Statewide Ballot Measures Dating Back to 1880.19 This useful database includes links to the text of all referred and initiated ballot measures from 1880 forward. It also includes information on the type of change, whether it was adopted or rejected, and the percentage of Yes and No votes. (See Fig. 1.)

Joint and Simple Resolutions

Joint resolutions may pertain to the transaction of the business of both houses, the establishment of committees composed of members of both houses, and the expression of the will of both houses on any matter that is not the subject of a tribute.20 Most joint resolutions “do not have the effect of law, and the General Assembly cannot do by resolution that which can only be done by law.”21 However, joint resolutions that are required by the constitution or statute to go to the governor for approval do have the force and effect of law.22 For example, CRS § 37-95-107.6(4)(b) requires additions or modifications to the water pollution control project eligibility list to be approved by a joint resolution that is presented to the governor.23

Aptly described by the authors of the Colorado Legislative Drafting Manual, joint resolutions “are like ‘letters to Santa’—they are hoped for sentiments that often do not come true.”[24] Joint resolutions require the concurrence of both houses, and they are frequently used to communicate the General Assembly's will to state and federal agencies and departments, elected state and federal officials, and branches of government other than the U.S. Congress.25

Figure 1: Online Database of Statewide Ballot Measures Dating Back to 1880, www.leg.state.co.us/lcs/ballothistory.nsf.

(Image Omitted)

Simple resolutions can pertain to all of the same issues as joint resolutions, but they can only relate to the house where they are introduced.26 Simple resolutions do not require the concurrence of both houses, and they are often used to amend House and Senate rules, transmit the will of the House or Senate to government agencies or officials, and submit interrogatories to the Colorado Supreme Court.[27]

Joint and Simple Memorials

The General Assembly uses memorials to express its will to the U.S. Congress and to express sentiment for the death of current or former members of the General Assembly and other officials.28 House joint and simple memorials may only be used to express sentiment for the death of former or current General Assembly members.29 Senate memorials may be used to express sentiment on the death of former General Assembly members, state officials, Colorado Supreme Court justices, elected officials of other states or the United States, and foreign dignitaries.30

Under the present rules, only Senate joint memorials...

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