Colorado Outdated Constitutional Provisions, Referendum D (2000)
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Text of measure
The language that appeared on the ballot:
Legislative Constitutional Amendment Analysis by Colorado Legislative Council: Strikes references to one-time events that have already occurred and to public offices that no longer exist, and removes provisions that have expired or are outdated.
Background and Provisions of the Proposal: References to one-time events. The proposal strikes from the constitution several provisions relating to events that occurred in the past. These include provisions regarding who was eligible to run for a seat in the first state legislature, one-year extensions of the terms of certain county officers elected in 1904, 1906 and 1954, and a one-time exception in 1968 to the prohibition on increasing the pay of county officers while they are in office. Also, it eliminates a provision that nullified Colorado liquor laws existing before July 1, 1933. This provision was adopted as a result of the Twenty-first Amendment to the United States Constitution, which repealed liquor prohibition in 1933.
Public offices that no longer exist. The proposal strikes references to "justices of the peace" and "constables." These offices were eliminated in 1961 when Colorado's judicial system was modernized and reorganized. It also eliminates the requirement that counties elect a county superintendent of schools since a separate provision of the constitution gives counties the option of abolishing this office. Beginning in the 1960s, the role of the county superintendent of schools was gradually assumed by school districts, and all Colorado counties subsequently eliminated these offices.
Expired provisions. Two expired provisions relate to the implementation of the state constitution in 1876. The first provision prohibits railroads and transportation companies existing at that time from benefiting from future state legislation unless they filed an acceptance of the constitution with the Secretary of State. The second provision invalidates corporate charters that were granted to corporations prior to 1876, but which were not used as of the adoption of the constitution.
The proposal also deletes the procedures by which the first charter of the City and County of Denver was adopted in 1881. The ability of Denver residents to make and amend their charter is not changed. The last expired constitutional provision relates to governing bodies of "service authorities." In 1970, the constitution was amended to allow for the creation of these authorities to provide services such as water treatment, transportation and fire protection. For the first five years after their creation, the governing bodies of service authorities could only include members of city or town councils, mayors, or county commissioners. This restriction expired in 1980.
Outdated provisions. A reference to election of legislators from the county in which they live is deleted since all Colorado legislators are now elected from districts. Finally, language that requires officers of the City and County of Denver to be paid monthly is deleted.
State of Colorado
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