2016 STATE BALLOT INFORMATION BOOKLET

NOTICE OF ELECTION TO INCREASE TAXES

ON A CITIZEN PETITION

2016 STATE BALLOT

INFORMATION BOOKLET

and

Recommendations on

Retention of Judges

Legislative Council of the

Colorado General Assembly

Research Publication No. 669-6

STATEWIDE ELECTION DAY IS

Tuesday, November 8, 2016

Voter service and polling centers open 7 a.m. to 7 p.m.

This election is a mail ballot election.

For information about voter service and polling centers, please contact

your county election office. Contact information for county election

offices appears inside the back cover of this booklet.

A "YES/FOR" vote on any ballot issue is a

vote IN FAVOR OF changing current law or

existing circumstances, and a

"NO/AGAINST" vote on any ballot issue is a

vote AGAINST changing current law or

existing circumstances.

This publication, as well as a link to the full

text of the fiscal impact statements for each

measure, can be found at:

www.coloradobluebook.com.

Contact information for county election

offices appears inside the back cover of

this booklet.

COLORADO GENERAL ASSEMBLY

LEGISLATIVE COUNCIL

ROOM 029 STATE CAPITOL

DENVER, COLORADO 80203-1784

E-mail: lcs.ga@state.co.us

303-866-4799

September 12, 2016

This booklet provides information on the nine statewide measures on the November 8, 2016, ballot and on the

judges who are on the ballot for retention in your area. The information is presented in two sections.

Section One — Analyses, Titles, and Text

Analyses. Each statewide measure receives an analysis that includes a description of the measure and

major arguments for and against. Careful consideration has been given to the arguments in an effort to fairly

represent both sides of the issue. Each analysis also includes an estimate of the fiscal impact of the measure.

More information on the fiscal impact of measures can be found at www.coloradobluebook.com. The state

constitution requires that the nonpartisan research staff of the General Assembly prepare these analyses and

distribute them in a ballot information booklet to registered voter households.

Titles and text. Following each analysis is the title that appears on the ballot, which includes information

about whether the measure changes the constitution or statute. Following the ballot title is the legal language of

each measure, which shows new laws in capitalized letters and laws that are being eliminated in strikeout type.

Amendments and Propositions

A measure placed on the ballot by the state legislature that amends the state constitution is labeled an

"Amendment," followed by a letter. A measure placed on the ballot by the state legislature that amends the state

statutes is labeled a "Proposition," followed by a double letter.

A measure placed on the ballot through the signature-collection process that amends the state constitution is

labeled an "Amendment," followed by a number between 1 and 99. A measure placed on the ballot through the

signature-collection process that amends the state statutes is labeled a "Proposition," followed by a number

between 100 and 199.

Constitutional vs. Statutory Changes

The first line of the analysis of each measure indicates whether the measure is a change to the constitution or

statute. Of the nine measures on the ballot, six propose changes to the state constitution, and three propose

changes to the state statutes. Voter approval is required in the future to change any constitutional measure

adopted by the voters, although the legislature may adopt statutes that clarify or implement these constitutional

measures as long as they do not conflict with the constitution. The state legislature, with the approval of the

Governor, may change any statutory measure in the future without voter approval.

COMMITTEE

Sen. Rollie Heath

Sen. Matt Jones

Sen. Kevin Lundberg

Sen. Vicki Marble

Sen. Ellen Roberts

Sen. Jessie Ulibarri

Rep. Perry Buck

Rep. Lois Court

Rep. Lois Landgraf

Rep. Polly Lawrence

Rep. Jovan Melton

Rep. Angela Williams

EXECUTIVE COMMITTEE

Rep. Dickey Lee Hullinghorst, Chair

Sen. Bill Cadman, Vice Chairman

Sen. Lucia Guzman

Sen. Mark Scheffel

Rep. Brian DelGrosso

Rep. Crisanta Duran

STAFF

Mike Mauer, Director

Todd Herreid, Deputy Director

Cathy Eslinger, Research Manager

Manish Jani, IT Manager

Section Two — Recommendations on Retention of Judges

The second section of the printed Blue Book contains information about the performances of the Colorado

Supreme Court justices, the Colorado Court of Appeals judges, and district and county court judges in your area

who are on this year's ballot. The information was prepared by the state commission and district commissions on

judicial performance. The narrative for each judge includes a recommendation stated as "BE RETAINED," "NOT

BE RETAINED," or "NO OPINION." Please refer to the

Colorado Office of Judicial Performance Evaluation's

website for this information.

Information on Local Election Officials

The booklet concludes with addresses and telephone numbers of local election officials. Your local election

official can provide you with information on voter service and polling centers, replacement ballots, and early

voting.

TABLE OF CONTENTS

Amendment T: No Exception to Involuntary Servitude Prohibition

Analysis ......................................................................................................................................................... 1

Title and Text of Measure .............................................................................................................................. 3

Amendment U: Exempt Certain Possessory Interests from Property Taxes

Analysis ......................................................................................................................................................... 5

Title and Text of Measure .............................................................................................................................. 7

Amendment 69: Statewide Health Care System

Analysis ......................................................................................................................................................... 9

Title and Text of Measure ............................................................................................................................ 17

Amendment 70: State Minimum Wage

Analysis ....................................................................................................................................................... 27

Title and Text of Measure ............................................................................................................................ 29

Amendment 71: Requirements for Constitutional Amendments

Analysis ....................................................................................................................................................... 31

Title and Text of Measure ............................................................................................................................ 33

Amendment 72: Increase Cigarette and Tobacco Taxes

Analysis ....................................................................................................................................................... 35

Title and Text of Measure ............................................................................................................................ 39

Proposition 106: Access to Medical Aid-in-Dying Medication

Analysis ....................................................................................................................................................... 43

Title and Text of Measure ............................................................................................................................ 47

Proposition 107: Presidential Primary Elections

Analysis ....................................................................................................................................................... 57

Title and Text of Measure ............................................................................................................................ 59

Proposition 108: Unaffiliated Voter Participation in Primary Elections

Analysis ....................................................................................................................................................... 65

Title and Text of Measure ............................................................................................................................ 67

Voter "Cheat Sheet" for Measures

on 2016 Ballot

YES NO

Amendment T: No Exception to Involuntary Servitude Prohibition

☐

Amendment U: Exempt Certain Possessory Interests from Property

Taxes

☐

Amendment 69: Statewide Health Care System

☐

Amendment 70: State Minimum Wage

☐

Amendment 71: Requirements for Constitutional Amendments

☐

Amendment 72: Increase Cigarette and Tobacco Taxes

☐

Proposition 106: Access to Medical Aid-in-Dying Medication

☐

Proposition 107: Presidential Primary Elections

☐

Proposition 108: Unaffiliated Voter Participation in Primary Elections

☐

**This is not a ballot**

Amendment T: No Exception to Involuntary Servitude Prohibition 1

ANALYSES

TITLES AND TEXT

Amendment T proposes amending the Colorado Constitution to:

 remove language that currently allows slavery and involuntary servitude to be used as punishment

for the conviction of a crime.

Summary and Analysis

Definitions. "Slavery," as defined by Black's Law Dictionary, is a situation in which one person has absolute

power over the life, fortune, and liberty of another person. The U.S. Supreme Court has defined "involuntary

servitude" as a condition of servitude in which one person is forced to work for another person by the use or threat

of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process.

U.S. and Colorado Constitutions. The 13th Amendment to the U.S. Constitution was passed in 1865 to

prohibit slavery and involuntary servitude, except as punishment for a crime for which a person has been found

guilty. The amendment gives the U.S. Congress the power to enforce the amendment through legislation.

Similar to the U.S. Constitution, under Article II, Section 26 of the Colorado Constitution, slavery and

involuntary servitude are prohibited, except as punishment for the conviction of a crime. Amendment T removes

this exception.

Offender work requirements in the criminal justice system. The courts have ruled that work requirements

resulting from a conviction of a crime are allowable under the above provisions of the U.S. and Colorado

Constitutions. Offender work requirements currently used in the Colorado criminal justice system may take the

following forms:

• Prison work requirements. All eligible offenders are expected to work unless assigned to an approved

education or training program. Offenders are not required to work, but those who refuse to participate

may face a reduction in or loss of privileges or a delayed parole eligibility date.

• Community service. A judge may sentence certain offenders to work a specific number of hours providing

community service. These programs emphasize individual restitution for offenses through contributions

to the community. In some cases, community service is a condition of probation.

• Probation. The courts require that an offender sentenced to probation maintain suitable employment

and/or pursue employment-related education or vocational training.

For information on those issue committees that support or oppose the

measures on the ballot at the November 8, 2016, election, go to the

Colorado Secretary of State's elections center web site hyperlink for

ballot and initiative information:

http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html

Argument For

1) The section of the Colorado Constitution that allows slavery and involuntary servitude as punishment for a

crime should be updated because it represents a time in the United States when not all people were seen as

human beings or treated with dignity. Removing the language reflects fundamental values of freedom and

equality, and makes an important symbolic statement. There are 25 other states that do not have any language

related to slavery and involuntary servitude in their constitutions, and both prison work and community service

programs are able to operate within those states.

Amendment T

No Exception to Involuntary

Servitude Prohibition

ANALYSIS

2 Amendment T: No Exception to Involuntary Servitude Prohibition

Argument Against

1) Amendment T may result in legal uncertainty around current offender work practices in the state. Prison

work requirements provide structure and purpose for offenders, while enabling skill building and helping to reduce

recidivism. Community service programs allow offenders to engage with the community and make amends for

their crimes.

Estimate of Fiscal Impact

State revenue and spending. Amendment T may impact both state revenue and spending. Should

Amendment T be interpreted as prohibiting community service sentences, more fines may be imposed in place of

community service and fewer probation fees may be collected from those currently sentenced to community

service as the sole condition of probation. Amendment T may also impact costs and workload for the Department

of Law, Department of Corrections, and Judicial Department due to potential legal challenges.

Local government impact. Amendment T may increase jail and county court costs for local governments

and impact revenue and workload for the City and County of Denver due to potential legal challenges.

Amendment T: No Exception to Involuntary Servitude Prohibition 3

ANALYSES

TITLES AND TEXT

The ballot title below is a summary drafted by the professional legal staff for the general assembly for

ballot purposes only. The ballot title will not appear in the Colorado constitution. The text of the measure

that will appear in the Colorado constitution below was referred to the voters because it passed

by a two-thirds majority vote of the state senate and the state house of representatives.

Ballot Title:

Shall there be an amendment to the Colorado constitution concerning the removal of the exception to the

prohibition of slavery and involuntary servitude when used as punishment for persons duly convicted of a crime?

Text of Measure:

Be It Resolved by the Senate of the Seventieth General Assembly of the State of Colorado, the House of

Representatives concurring herein:

SECTION 1. At the election held on November 8, 2016, the secretary of state shall submit to the registered

electors of the state the ballot title set forth in section 2 for the following amendment to the state constitution:

In the constitution of the state of Colorado, amend section 26 of article II as follows:

Section 26. Slavery prohibited. There shall never be in this state either slavery or involuntary servitude.

except as a punishment for crime, whereof the party shall have been duly convicted.

SECTION 2. Each elector voting at the election may cast a vote either "Yes/For" or "No/Against" on the

following ballot title: "Shall there be an amendment to the Colorado constitution concerning the removal of the

exception to the prohibition of slavery and involuntary servitude when used as punishment for persons duly

convicted of a crime?"

SECTION 3. Except as otherwise provided in section 1-40-123, Colorado Revised Statutes, if a majority of the

electors voting on the ballot title vote "Yes/For", then the amendment will become part of the state constitution.

Amendment T

No Exception to Involuntary

Servitude Prohibition

TITLE AND TEXT

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Amendment U: Exempt Certain Possessory Interests from Property Taxes 5

ANALYSES

TITLES AND TEXT

Amendment U

Exempt Certain Possessory Interests

from Property Taxes

ANALYSIS

Amendment U proposes amending the Colorado Constitution to:

 beginning with tax year 2018, eliminate property taxes for individuals or businesses that use

government-owned property for a private benefit worth $6,000 or less in market value; and

 beginning with tax year 2019, and every two years thereafter, adjust the $6,000 exemption

threshold to account for inflation.

Summary and Analysis

Property taxes and possessory interests. Property taxes are primarily based on the value of land, houses,

other buildings, and business equipment. Individuals and businesses pay property taxes to various local

governments, such as cities, counties, school districts, and special districts, each of which imposes its own tax

rate on property. Property taxes pay for a variety of local government services, including public education, police

and fire services, roads and bridges, parks and recreation facilities, hospitals, and libraries.

When an individual or business uses government-owned land or equipment for private purposes, a

possessory interest is created. Although government-owned property is exempt from taxes, the financial benefit

that a business or individual obtains from using that land or equipment is not. For example, some ranchers lease

land from the federal government for cattle grazing. Other businesses lease land to provide a recreational

activity, such as skiing or river rafting, or are given a contract to provide a specific service on public land, such as

operating a snack bar at a national park. Under current law, the value of a private financial benefit is considered a

possessory interest and is subject to property taxes. Typically, the value assigned to a possessory interest is

equal to the cost of the lease to use the government-owned land; however, county assessors may use other

methods to determine the actual value of a possessory interest prior to determining the tax owed.

There are about 7,000 total possessory interests in Colorado. In 2015, the market value of all possessory

interests is about $315.0 million, which is 0.04 percent of the total market value of all taxable property in the state.

At this value, total property tax payments for all possessory interests of any value are approximately $7.0 million

annually.

How does Amendment U change the taxation of possessory interests? Starting in 2018, Amendment U

exempts a possessory interest from property taxation if the market value of the interest is $6,000 or less.

Beginning in tax year 2019, and every two years thereafter, the $6,000 threshold is adjusted to account for

inflation. Amendment U exempts approximately 5,100 of the 7,000 possessory interests in the state. In total,

these possessory interests pay about $125,000 in property taxes annually, or about $24, on average, for each

possessory interest.

For information on those issue committees that support or oppose the

measures on the ballot at the November 8, 2016, election, go to the

Colorado Secretary of State's elections center web site hyperlink for

ballot and initiative information:

http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html

6 Amendment U: Exempt Certain Possessory Interests from Property Taxes

Argument For

1) Amendment U reduces the administrative burden of collecting a tax that in many cases costs more to

collect than it brings in to local governments. For example, the majority of possessory interests in the state are for

agricultural leases, many of which are charged less than $10 in property taxes. The cost of administering this

tax — mailing notices, maintaining tax rolls, and collecting and enforcing the tax — often exceeds this amount.

Argument Against

1) Amendment U provides an unfair tax break for businesses and individuals who use government-owned

land for their private financial benefit, and puts a greater tax burden on others to pay for local government

services. These property taxes should continue being collected uniformly from all taxpayers. A small tax bill does

not justify exempting businesses or individuals from paying the tax on the private benefit they enjoy on

government land.

Estimate of Fiscal Impact

Local government impact. Amendment U is expected to reduce property taxes for all local governments

statewide by up to $125,000 per year, beginning in budget year 2018-19. Some county governments may

experience minor cost savings as a result of fewer properties to assess and fewer tax notifications to mail and

process. Costs will only be saved in those counties that assess property taxes on possessory interests with an

actual value of $6,000 or less.

Amendment U: Exempt Certain Possessory Interests From Property Taxes 7

ANALYSES

TITLES AND TEXT

Amendment U

Exempt Certain Possessory Interests

from Property Taxes

TITLE AND TEXT

The ballot title below is a summary drafted by the professional legal staff for the general assembly for

ballot purposes only. The ballot title will not appear in the Colorado constitution. The text of the measure

that will appear in the Colorado constitution below was referred to the voters because it passed

by a two-thirds majority vote of the state senate and the state house of representatives.

Ballot Title:

Shall there be an amendment to the Colorado constitution concerning an exemption from property taxation for

a possessory interest in real property if the actual value of the interest is less than or equal to six thousand dollars

or such amount adjusted for inflation?

Text of Measure:

Be It Resolved by the Senate of the Seventieth General Assembly of the State of Colorado, the House of

Representatives concurring herein:

SECTION 1. At the election held on November 8, 2016, the secretary of state shall submit to the registered

electors of the state the ballot title set forth in section 2 for the following amendment to the state constitution:

In the constitution of the state of Colorado, section 3 of article X, amend (1) (b) as follows:

Section 3. Uniform taxation - exemptions. (1) (b) (I) Residential real property, which shall include all

residential dwelling units and the land, as defined by law, on which such units are located, and mobile home

parks, but shall not include hotels and motels, shall be valued for assessment at twenty-one percent of its actual

value. For the property tax year commencing January 1, 1985, the general assembly shall determine the

percentage of the aggregate statewide valuation for assessment which is attributable to residential real property.

For each subsequent year, the general assembly shall again determine the percentage of the aggregate

statewide valuation for assessment which is attributable to each class of taxable property, after adding in the

increased valuation for assessment attributable to new construction and to increased volume of mineral and oil

and gas production. For each year in which there is a change in the level of value used in determining actual

value, the general assembly shall adjust the ratio of valuation for assessment for residential real property which is

set forth in this paragraph (b) as is necessary to insure that the percentage of the aggregate statewide valuation

for assessment which is attributable to residential real property shall remain the same as it was in the year

immediately preceding the year in which such change occurs. Such adjusted ratio shall be the ratio of valuation

for assessment for residential real property for those years for which such new level of value is used. In

determining the adjustment to be made in the ratio of valuation for assessment for residential real property, the

aggregate statewide valuation for assessment that is attributable to residential real property shall be calculated as

if the full actual value of all owner-occupied primary residences that are partially exempt from taxation pursuant to

section 3.5 of this article was subject to taxation. All other taxable property shall be valued for assessment at

twenty-nine percent of its actual value. However, the valuation for assessment for producing mines, as defined by

law, and lands or leaseholds producing oil or gas, as defined by law, shall be a portion of the actual annual or

actual average annual production therefrom, based upon the value of the unprocessed material, according to

procedures prescribed by law for different types of minerals. Non-producing unpatented mining claims, which are

possessory interests in real property by virtue of leases from the United States of America, shall be exempt from

property taxation. O

THER POSSESSORY INTERESTS IN REAL PROPERTY SHALL BE EXEMPT FROM PROPERTY TAXATION AS

SPECIFIED IN SUBPARAGRAPH

(II) OF THIS PARAGRAPH (b).

(II) (A) F

OR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2018, A POSSESSORY INTEREST IN REAL

PROPERTY SHALL BE EXEMPT FROM THE LEVY AND COLLECTION OF PROPERTY TAX IF THE ACTUAL VALUE OF SUCH

POSSESSORY INTEREST IN REAL PROPERTY IS LESS THAN OR EQUAL TO SIX THOUSAND DOLLARS

8 Amendment U: Exempt Certain Possessory Interests from Property Taxes

(B) FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2019, A POSSESSORY INTEREST IN REAL

PROPERTY SHALL BE EXEMPT FROM THE LEVY AND COLLECTION OF PROPERTY TAX IF THE ACTUAL VALUE OF SUCH

POSSESSORY INTEREST IN REAL PROPERTY IS LESS THAN OR EQUAL TO SIX THOUSAND DOLLARS ADJUSTED BIENNIALLY TO

ACCOUNT FOR INFLATION AS DEFINED IN SECTION

20 (2) (f) OF ARTICLE X OF THIS CONSTITUTION. ON OR BEFORE

NOVEMBER 1, 2018, AND ON OR BEFORE NOVEMBER 1 OF EACH EVEN-NUMBERED YEAR THEREAFTER, THE PROPERTY TAX

ADMINISTRATOR SHALL CALCULATE THE AMOUNT OF THE EXEMPTION FOR THE NEXT TWO

-YEAR CYCLE USING INFLATION

FOR THE PRIOR TWO CALENDAR YEARS AS OF THE DATE OF THE CALCULATION

. THE ADJUSTED EXEMPTION SHALL BE

ROUNDED UPWARD TO THE NEAREST ONE

-HUNDRED-DOLLAR INCREMENT. THE ADMINISTRATOR SHALL CERTIFY THE

AMOUNT OF THE EXEMPTION FOR THE NEXT TWO

-YEAR CYCLE AND PUBLISH THE AMOUNT IN A MANNER PROVIDED BY LAW.

SECTION 2. Each elector voting at the election may cast a vote either "Yes/For" or "No/Against" on the

following ballot title: "Shall there be an amendment to the Colorado constitution concerning an exemption from

property taxation for a possessory interest in real property if the actual value of the interest is less than or equal to

six thousand dollars or such amount adjusted for inflation?"

SECTION 3. Except as otherwise provided in section 1-40-123, Colorado Revised Statutes, if a majority of the

electors voting on the ballot title vote "Yes/For", then the amendment will become part of the state constitution.

Amendment 69: Statewide Health Care System 9

ANALYSES

TITLES AND TEXT

Amendment 69

Statewide Health Care System

ANALYSIS

Amendment 69 proposes amending the Colorado Constitution to:

 establish ColoradoCare, a statewide system to finance health care services for Colorado residents;

 create new taxes on most sources of income, redirect existing state and federal health funding to

pay for the services and administration of ColoradoCare, exempt ColoradoCare from constitutional

limits on revenue, and require approval by Colorado residents for future tax increases;

 establish a board of trustees, initially appointed and then elected, to oversee the operations of

ColoradoCare; and

 allow the board to terminate ColoradoCare if the waivers, exemptions, and agreements from the federal

government are not sufficient for its fiscally sound operation.

Summary and Analysis

Background. Health care in Colorado is currently paid for by a variety of public and private sources,

including private health insurance and government programs such as Medicaid and Medicare. Under the federal

Patient Protection and Affordable Care Act, all people, with limited exceptions, are required to have health

insurance coverage of some kind or pay a tax penalty. The majority of Coloradans receive health insurance

through an employer. If employer-based health insurance is not available or is declined, a person may purchase

private insurance through an insurance broker, the state health insurance exchange, or directly from an insurer.

Persons meeting age, income, or other eligibility criteria may qualify for health care coverage through a publicly

funded program such as Medicare, Medicaid, or military and veterans' health care programs.

Persons eligible for ColoradoCare coverage. If Amendment 69 is passed and fully implemented, Colorado

residents will be eligible for health coverage through ColoradoCare, a new statewide system to finance health

care services. ColoradoCare will pay for covered health care services for Coloradans who do not have other

forms of health coverage and will provide supplemental coverage to persons who have other coverage.

ColoradoCare could replace the current health coverage for many people. However, some people may still

choose to purchase private health insurance, and certain government health programs will continue to provide

health coverage. Persons with these alternate forms of coverage will still be required to pay the new taxes that

fund ColoradoCare.

ColoradoCare, when fully implemented, will affect government health programs and the workers'

compensation system. Medicaid and the Children's Basic Health Plan will be administered by ColoradoCare, and

the state and federal funds for these programs will be redirected to ColoradoCare. Medicare, military and

veterans' health care programs, and certain federally operated health care programs will continue to operate, and

persons receiving coverage through these programs will be eligible for supplemental coverage through

ColoradoCare. ColoradoCare will also pay the medical portion of workers' compensation benefits, which is

currently covered by workers' compensation insurance policies that are purchased by employers.

Initial implementation. If Amendment 69 is passed by voters, several steps must be taken before

ColoradoCare may begin paying for health care services. The ColoradoCare board of trustees, together with

various state agencies, must seek federal approval to transfer administration of the Medicaid program to

ColoradoCare and waive various requirements of the federal Patient Protection and Affordable Care Act. The

federal act allows states to develop alternative ways to pay for health care services, provided that certain federal

requirements are met. Amendment 69 allows the board to terminate ColoradoCare if the waivers, exemptions,

and agreements from the federal government are not sufficient for its fiscally sound operation.

During the 2017 legislative session, the state legislature must pass laws to implement Amendment 69. This

includes laws that implement the new taxes, allocate state and federal funds, eliminate the state health insurance

10 Amendment 69: Statewide Health Care System

exchange, transfer the responsibility for administering various state health care programs to ColoradoCare, and

amend workers' compensation laws.

During the initial implementation phase, ColoradoCare will not pay for health care services. Individuals will be

responsible for maintaining health insurance coverage and paying any necessary premiums until ColoradoCare is

fully implemented and begins making payments for health care services. During this phase, taxpayers will pay

the taxes that fund ColoradoCare at the initial, lower tax rates. Both the initial and full tax rates are detailed in the

"Taxpayer impacts" section below.

Health care benefits and delivery of services. Amendment 69 outlines the types of health services that

ColoradoCare must cover, which are the same services as those that are currently required to be covered by

private health insurance under federal law. These services include primary and specialty care, hospitalization,

prescription drugs, medical equipment, and emergency and urgent care. The ColoradoCare board of trustees

may also specify additional covered health care services. ColoradoCare will contract with health care providers to

pay for covered health care services. The ColoradoCare board will determine the rates paid to participating

providers. Persons accessing health care services through ColoradoCare may choose a primary care provider

from among those participating in ColoradoCare.

ColoradoCare is prohibited from charging deductibles, but may require copayments for some health care

services. A deductible is the amount of medical costs a patient must pay before an insurance plan starts to cover

medical costs. Typically, a copayment is a fixed amount that a patient must pay at the time of service. Consistent

with current federal law, ColoradoCare may not charge copayments for primary and preventative care services,

such as annual doctor visits. Under Amendment 69, copayments for other services may be waived if the

copayment would cause financial hardship for the patient.

ColoradoCare elections. ColoradoCare will be governed by a board of trustees. Initially, a 15-member

interim board of trustees will be appointed by state legislative leadership and the Governor. The interim board will

determine procedures for electing a 21-member board of trustees. The first board of trustees election must be

scheduled within three years of the effective date of the measure. Amendment 69 outlines the length of terms of

the elected trustees, term limits, and procedures for filling vacancies. ColoradoCare trustees are not subject to

recall elections, but may be removed by a majority vote of the board.

ColoradoCare elections will be conducted independently from other Colorado elections in a manner

determined by the board of trustees. Existing voter registration requirements do not apply to ColoradoCare

elections. For ColoradoCare elections, all Coloradans who are at least 18 years of age and have continuously

resided in the state for at least one year are eligible to vote. The interim board must establish seven voter

districts in Colorado with substantially the same number of residents prior to the first election of the 21-member

board. Three nonpartisan trustees will be elected from each of the seven districts. The trustees must live in the

district they seek to represent. The interim board must promulgate rules regarding the selection and eligibility of

trustee candidates, the regulation of campaign contributions and spending, and the certification of election results.

Administration. In addition to determining the procedures for electing a 21-member board of trustees, the

interim board must establish rules and procedures, approve an operating budget, and hire employees and

consultants for ColoradoCare. Once the elected board assumes responsibility for the operations of

ColoradoCare, its duties will include:

• establishing rules and procedures for the operation of ColoradoCare, determining benefits for

Coloradans, and setting payment rates for providers;

• hiring an executive team to administer the operations of ColoradoCare;

• administering all state funds for health care services provided to Coloradans;

• facilitating the creation of medical records and billing records systems and ensuring the confidentiality of

patient records;

• establishing an internal office for fraud investigation;

• funding external offices in the Division of Insurance to respond to inquiries and complaints from the public

and health care providers and make recommendations to the board; and

• ensuring the financial stability and transparent operations of ColoradoCare and approving a publicly

available annual budget.

Taxpayer impacts. To fund ColoradoCare, Amendment 69 creates new taxes on wages paid by employers

and income received by individuals. The new taxes will be in addition to the state's current 4.63 percent income

Amendment 69: Statewide Health Care System 11

ANALYSES

TITLES AND TEXT

tax. Table 1 highlights the initial and full tax rates under the measure and the tax rates paid by employers

and individuals. While all employers and individuals will be required to pay the new taxes, the taxes paid

may be offset by savings that result from no longer having to pay for private health insurance once

ColoradoCare is fully implemented.

The initial taxes are expected to generate approximately $2 billion per year. The full taxes are

projected to generate more than $25 billion in revenue each year. The initial taxes will be collected starting

July 1, 2017, and tax rates will increase to their full amounts 30 days before ColoradoCare assumes

responsibility for health care payments in Colorado.

For employees, the new taxes are assessed on wages earned. For employers, the taxes are based on

the total wages for all employees. For individuals earning other non-wage sources of income, the taxes are

paid solely by the income earner. Wage income includes wages, salaries, tips, and other income reported

on an employee W-2 form. Non-wage income includes capital gains, dividends, interest, rental income,

non-corporate business income, and retirement income, including Social Security income, reported as taxable

income on a taxpayer's federal income tax form.

Table 1

New Taxes and Tax Rates Under Amendment 69

Initial Tax Rates

Full Tax Rates

Wage Income

Employee Tax Rate

Employer Tax Rate

Total

0.3%

0.6%

0.9%

3.33%

6.67%

10.0%

Non-wage Income

0.9%

10.0%

The new taxes apply to the first $350,000 in taxable income for single filer taxpayers and the first $450,000 in

taxable income for joint filers. These amounts are increased by inflation each year. The measure applies an

existing state income tax exemption for retirement income to the new taxes. Under this exemption, retirement

income up to $20,000 for those aged 55 to 64, and up to $24,000 for those 65 and older, is not taxed. Joint filers

may claim up to double these amounts. Certain types of income are excluded from the new taxes, including

unemployment compensation and alimony. Table 2 shows the amount of taxes owed under the full tax rates by

representative households and the employers of persons in those households.

Table 2

New Taxes Owed Under Amendment 69 for

Representative Households Under the Full Tax Rates

Annual Taxes

Taxable Household Income

Household

Employer

A Wage: $25,000 $833 $1,667

B Non-wage: $25,000 $2,500 $0

Wage: $50,000

Non-wage: $1,000

$1,765* $3,335

Wage: $100,000

Non-wage: $5,000

$3,830 $6,670

Wage: $250,000

Non-wage $10,000

$9,325 $16,675

*This number has been updated since initial publication.

Potential taxpayer savings. Individuals and employers who discontinue private health insurance once

ColoradoCare is fully implemented may have savings that offset the new taxes they are required to pay under

Amendment 69. Potential savings will differ for each individual based on their health care costs, level of

coverage, and tax liability. Key factors in determining potential savings include:

• the cost of health insurance premiums that the individual would no longer pay; and

• annual deductibles and out-of-pocket health care costs that would be eliminated or reduced under

ColoradoCare.

12 Amendment 69: Statewide Health Care System

About half of the Colorado population receives health insurance coverage through an employer, with the

costs typically shared between the employee and employer. For employers who provide health insurance

benefits to their employees, savings considerations include: health insurance premium costs, administrative costs,

and allowable tax deductions for providing employee health insurance.

The net taxpayer impact of Amendment 69 for persons with Medicare, Medicaid, and other types of health

coverage will depend on the plan type and taxable income of each person. For instance, persons not currently

required to pay health insurance premiums, such as Medicaid recipients, may have higher costs under the

measure to the extent that they have taxable income. Costs will increase for Medicare recipients if their income

exceeds the maximum allowable deduction for retirement income. Medicare recipients may have savings if they

choose to use ColoradoCare instead of private supplemental insurance.

Persons who are uninsured do not pay insurance premiums, but may have high out-of-pocket costs and be

subject to a tax penalty under federal law. The new taxes may offset these out-of-pocket costs and the tax

penalty for persons without health insurance.

Voter approval for tax increases. The measure exempts ColoradoCare from the existing constitutional

requirement to seek approval of tax increases at a regularly scheduled November election. Instead, tax increases

for ColoradoCare must be approved at a ColoradoCare election scheduled by the board of trustees. The board of

trustees may request a tax increase no more than once per year.

Constitutional limits on revenue. Under current law, if the state or a district of the state collects revenue in

excess of constitutional limits, the revenue must be refunded to taxpayers. ColoradoCare revenue is exempt from

these limits under Amendment 69.

For information on those issue committees that support or oppose the

measures on the ballot at the November 8, 2016, election, go to the

Colorado Secretary of State's elections center web site hyperlink for

ballot and initiative information:

http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html

Arguments For

1) Amendment 69 creates a more equitable health care payment system that provides coverage for all

Coloradans. All people should have access to affordable health care regardless of their ability to pay. The

current health care system leaves many people uninsured or unable to access care due to insurance denials or

high deductibles. ColoradoCare prohibits deductibles and may reduce financial barriers to needed care. The

measure helps ensure that individuals and families will not face financial ruin when accessing needed health care

services.

2) Amendment 69 offers a means to control health care costs and improve patient outcomes. In the

United States, health care costs are higher than in any other industrialized country. Under Amendment 69, health

care costs could be controlled by lowering administrative costs, adjusting payment rates to health care providers,

and reducing the amount of unpaid care provided by health care providers. By creating a centralized system for

health care records, ColoradoCare may improve the coordination of care and create cost savings by more

efficiently sharing information between providers, monitoring medical conditions, and reducing diagnostic testing.

3) ColoradoCare provides a more transparent system that serves the interests of Coloradans, instead of the

interests of private corporations. The current private health insurance system is profit-motivated, which

contributes to rising health care costs. ColoradoCare offers an alternative that shifts incentives toward improving

patient care by allowing Coloradans to elect health care decision-makers. Under Amendment 69, Coloradans

also have control over tax increases for ColoradoCare, increasing local control over health care costs. Unlike

private insurance companies, ColoradoCare board meetings are subject to open meetings laws, which allows

Coloradans to monitor decisions made by the board.

Amendment 69: Statewide Health Care System 13

ANALYSES

TITLES AND TEXT

Arguments Against

1) Amendment 69 imposes new taxes, which may harm the Colorado economy by burdening

taxpayers and eliminating jobs. The tax increases under this measure will nearly double state government

spending, which currently totals $27 billion for the entire state budget. In the initial years, taxpayers will pay

about $2 billion a year into a system without receiving any direct benefits. Many individuals and

businesses will pay more with the new taxes than they currently pay for health care. Additionally,

taxpayers must pay the new taxes even if they do not utilize the services offered through ColoradoCare.

Under Amendment 69, higher taxes and an uncertain economic climate could discourage businesses from

operating in Colorado. Finally, ColoradoCare may cause private health insurance businesses to downsize

or leave the state, leaving many people unemployed.

2) Amendment 69 offers no guarantee that ColoradoCare will improve patient care, expand access, or

reduce health care costs. Coloradans may never receive the benefits promised under ColoradoCare if

federal approval is not granted or revenues are not sufficient. The measure does not specify critical details of

how ColoradoCare will be implemented, and has no required implementation date. The measure concentrates

control for making important decisions and spending billions of taxpayer dollars in a 21-member board with limited

accountability and no required health industry experience. ColoradoCare may not solve fundamental problems of

rising health care costs and limited access. If the state fully transitions to ColoradoCare and it fails, it could take

years to re-establish a private health insurance market and government programs, and taxpayers will have paid

billions of dollars for a failed system.

3) ColoradoCare may limit consumer choice and strain the health care system. Health care providers may

be unwilling to serve ColoradoCare patients if reimbursements are too low, or they may choose to leave Colorado

due to uncertainties in the health care market. This could reduce options for patients and increase wait times to

receive services. Also, the health care system could be further burdened by people coming to the state to receive

health care without adequately contributing to the taxes that pay for their care. If the system fails to control costs,

health services covered by ColoradoCare may be reduced. Additionally, private health insurance may not be

available or affordable if Amendment 69 passes. This could leave people with limited options for accessing

alternative coverage or needed care, forcing some people to leave the state.

Estimate of Fiscal Impact

ColoradoCare revenue. Amendment 69 creates ColoradoCare, a new subdivision of the state that will be

the recipient of tax revenue from new taxes on employers and individuals and transfers of state and federal funds

that are currently used to operate state health programs, such as Medicaid. New tax revenue to ColoradoCare is

estimated to be $2.0 billion in budget year 2017-18 and subsequent years until ColoradoCare assumes

responsibility for health care payments in Colorado or, if federal approval is not received, until the board of

trustees acts to terminate ColoradoCare. When fully implemented, ColoradoCare is expected to receive total

revenue of up to $36.2 billion, including $25.0 billion in new tax revenue and up to $11.2 billion in transferred state

and federal funds, assuming implementation in budget year 2019-20. Additional detail on the new taxes created

by the measure to fund ColoradoCare, including the initial and full tax rates on individuals and employers, is

provided in the "Taxpayer impacts" section above.

ColoradoCare spending. Based on available revenue, ColoradoCare will spend up to $2.0 billion per year

beginning in budget year 2017-18 until fully implemented. However, initial spending is expected to be less than

this amount, with most revenue to ColoradoCare placed in capital and operating reserves, rather than spent, prior

to full implementation of ColoradoCare. During the initial years, the exact spending levels will depend on

decisions by the ColoradoCare board of trustees and will likely include costs for seeking federal approval to fully

implement ColoradoCare, procuring information technology systems, developing operating procedures, hiring

staff, leasing office space, and conducting board elections.

Based on anticipated tax revenue and state and federal funds transferred to ColoradoCare, it is estimated that

ColoradoCare will spend up to $36.2 billion per year on health care payments and administrative expenses once

fully implemented. The amount of spending by ColoradoCare will depend on numerous factors, including the

terms and conditions of federal waivers, the availability of funds, and the payment rates to health care providers

set by the ColoradoCare board of trustees. In the event revenue is not sufficient to meet its spending obligations,

ColoradoCare will be required to reduce its expenditures or increase tax revenue. Reductions in expenditures

14 Amendment 69: Statewide Health Care System

could be achieved by limiting benefits, increasing the share of health care costs paid by covered individuals, or

lowering payments to health care providers.

While the exact date of ColoradoCare's full implementation is not known, the revenue and spending figures

for full implementation included in this analysis are based on the assumption that ColoradoCare will assume

responsibility for health care payments on August 1, 2019.

State revenue. Amendment 69 may reduce state tax revenue, most of which is deposited into the state

General Fund; however, the exact impact cannot be estimated at this time. This potential reduction comes from

two sources. First, assuming most people covered by private health insurance discontinue private coverage

when ColoradoCare coverage becomes available, insurance premium and corporate income taxes paid by health

insurance carriers will decrease by at least $100 million per year once ColoradoCare is fully implemented. Based

on the assumed start of date of ColoradoCare, this impact would occur beginning in budget year 2019-20.

Second, Amendment 69 may affect the amount of individual and corporate income subject to the existing

4.63 percent state income tax in several ways, which could both increase and decrease state tax revenue. For

individuals and businesses, the amount of ColoradoCare taxes paid may be claimed as a tax deduction, which

could reduce state tax revenue. However, a shift away from employer-based health insurance following

implementation of ColoradoCare may increase taxable income for both individuals and businesses by eliminating

health insurance premium payments that currently do not count as taxable income for individuals and that may be

claimed as a business expense deduction by employers. Additionally, the changes to health benefits under the

measure could affect employee wages, which could increase or decrease income tax revenue. The net change

from these various impacts to individual and corporate income tax revenue will depend on several factors,

including the amount of ColoradoCare taxes and health care premiums paid, the amount of tax deductions

claimed in any given year, and the net change in employee wages.

State spending. Amendment 69 is estimated to increase state spending by $4.3 million in budget

year 2016-17, $19.5 million in budget year 2017-18, and $24.6 million in budget year 2018-19. This new

spending includes:

• administration of the new payroll and income tax;

• planning and implementation activities to assist in establishing ColoradoCare;

• payment of the new payroll tax; and

• information technology costs.

Unless future implementing legislation for Amendment 69 specifically allows for the new tax revenue to be

used to pay state agency costs or the ColoradoCare board agrees to pay these costs, it is assumed that these

costs will be paid from existing state resources, including the General Fund, cash funds, and federal funds.

State agency savings. When ColoradoCare is fully implemented, spending by state agencies will decrease

by $147.3 million in budget year 2019-20. These savings will result from state agencies discontinuing payments

for private health insurance for state employees beginning August 1, 2019. The estimated savings reflect the net

impact after accounting for other ongoing costs under the measure for tax administration and payment of payroll

taxes.

Termination of health insurance exchange. When ColoradoCare becomes fully operational, the state's

health insurance exchange, Connect for Health Colorado, will no longer operate. This will result in savings of

approximately $40 million per year. Connect for Health Colorado is funded through fees assessed on health

insurance carriers, tax-deductible donations by insurance carriers, and grants. Connect for Health Colorado will

have costs between $5 million and $10 million over a two-year period to wind down operations and fulfill various

contractual obligations.

Local government impacts. Spending by cities and counties in Colorado will initially increase under the

measure due to the new payroll tax created under Amendment 69. If ColoradoCare is fully implemented and local

governments choose to discontinue payments for employee health insurance through private insurance carriers,

net savings may result.

Amendment 69: Statewide Health Care System 15

ANALYSES

TITLES AND TEXT

ColoradoCare Spending and Tax Increases

Article X, Section 20 of the Colorado Constitution requires that the following fiscal information be

provided when a tax increase question is on the ballot:

• estimates or actual amounts of ColoradoCare fiscal year spending for the current year and each of

the past four years with the overall percentage and dollar change; and

• for the first full year of the proposed tax increase, an estimate of the maximum dollar amount of the

tax increase and of ColoradoCare fiscal year spending without the increase.

"Fiscal year spending" is a legal term in the Colorado Constitution. It equals the amount of revenue

subject to the constitutional spending limit that the state or a district is permitted to keep and either spend

or save for a single year.

Because ColoradoCare is a newly created district, ColoradoCare has no spending history, as shown in

Table 3.

Table 3

ColoradoCare Fiscal Year Spending

Actual

FY 2012-13

Actual

FY 2013-14

Actual

FY 2014-15

Actual

FY 2015-16

Estimated

FY 2016-17

ColoradoCare Spending $0 $0 $0 $0 $0

Four-Year Dollar Change in State Spending: $0

Four-Year Percent Change in State Spending: Not applicable.

FY = fiscal year. The state's fiscal (or budget) year runs from July through June.

In FY 2017-18, ColoradoCare is expected to collect $2.0 billion from the new taxes, as shown in Table 4.

This amount reflects estimated revenue in the first full fiscal year and differs from the $25.0 billion amount shown

in the ballot title of this measure, which represents revenue in FY 2019-20, the final full year of the fully phased-in

new taxes.

Table 4

Estimated ColoradoCare Fiscal Year Spending and

the Proposed New Taxes

FY 2017-18 Estimate

Fiscal Year Spending Without the New Taxes $0

Revenue from the New Taxes $2.0 billion

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Amendment 69: Statewide Health Care System 17

ANALYSES

TITLES AND TEXT

Amendment 69

Statewide Health Care System

TITLE AND TEXT

The ballot title below is a summary drafted by the professional staff of the offices of the secretary of

state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot

title will not appear in the Colorado constitution. The text of the measure that will appear in the Colorado

constitution below was drafted by the proponents of the initiative. The initiated measure is included on the

ballot as a proposed change to current law because the proponents gathered the required amount of

petition signatures.

Ballot Title:

HALL STATE TAXES BE INCREASED $25 BILLION ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY SUCH AMOUNTS

THAT ARE RAISED THEREAFTER

, BY AN AMENDMENT TO THE COLORADO CONSTITUTION ESTABLISHING A HEALTH CARE

PAYMENT SYSTEM TO FUND HEALTH CARE FOR ALL INDIVIDUALS WHOSE PRIMARY RESIDENCE IS IN

COLORADO, AND, IN

CONNECTION THEREWITH

, CREATING A GOVERNMENTAL ENTITY CALLED COLORADOCARE TO ADMINISTER THE HEALTH

CARE PAYMENT SYSTEM

; PROVIDING FOR THE GOVERNANCE OF COLORADOCARE BY AN INTERIM APPOINTED BOARD OF

TRUSTEES UNTIL AN ELECTED BOARD OF TRUSTEES TAKES RESPONSIBILITY

; EXEMPTING COLORADOCARE FROM THE

TAXPAYER

'S BILL OF RIGHTS; ASSESSING AN INITIAL TAX ON THE TOTAL PAYROLL FROM EMPLOYERS, PAYROLL INCOME

FROM EMPLOYEES

, AND NONPAYROLL INCOME AT VARYING RATES; INCREASING THESE TAX RATES WHEN COLORADOCARE

BEGINS MAKING HEALTH CARE PAYMENTS FOR BENEFICIARIES

; CAPPING THE TOTAL AMOUNT OF INCOME SUBJECT TO

TAXATION

; AUTHORIZING THE BOARD TO INCREASE THE TAXES IN SPECIFIED CIRCUMSTANCES UPON APPROVAL OF THE

MEMBERS OF

COLORADOCARE; REQUIRING COLORADOCARE TO CONTRACT WITH HEALTH CARE PROVIDERS TO PAY FOR

SPECIFIC HEALTH CARE BENEFITS

; TRANSFERRING ADMINISTRATION OF THE MEDICAID AND CHILDREN'S BASIC HEALTH

PROGRAMS AND ALL OTHER STATE AND FEDERAL HEALTH CARE FUNDS FOR

COLORADO TO COLORADOCARE;

TRANSFERRING RESPONSIBILITY TO

COLORADOCARE FOR MEDICAL CARE THAT WOULD OTHERWISE BE PAID FOR BY

WORKERS

' COMPENSATION INSURANCE; REQUIRING COLORADOCARE TO APPLY FOR A WAIVER FROM THE AFFORDABLE

CARE ACT TO ESTABLISH A

COLORADO HEALTH CARE PAYMENT SYSTEM; AND SUSPENDING THE OPERATIONS OF THE

COLORADO HEALTH BENEFIT EXCHANGE AND TRANSFERRING ITS RESOURCES TO COLORADOCARE?

Text of Measure:

Be it Enacted by the People of the State of Colorado:

SECTION 1. In the constitution of the state of Colorado, add article XXX as follows:

ARTICLE

XXX

ColoradoCare

Section 1. Purpose and findings.

(1) T

HE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT:

(a)

COLORADANS NEED THE SECURITY OF KNOWING THAT THEY CAN AFFORD HEALTH CARE FOR THEMSELVES AND

THEIR FAMILIES

;

(b)

BUSINESSES NEED RELIEF FROM THE UNSUSTAINABLE FINANCIAL AND ADMINISTRATIVE BURDENS OF PROVIDING

HEALTH INSURANCE FOR THEIR EMPLOYEES

;

(c)

ANNUAL INSURANCE CHANGES DISRUPT COORDINATED LIFETIME HEALTH CARE;

(d)

HEALTH CARE COSTS HAVE BEEN INCREASING AT UNSUSTAINABLE RATES AND MUST BE STABILIZED;

(e) C

OLORADO NEEDS A HEALTH CARE DELIVERY SYSTEM THAT PRIORITIZES VALUE OVER VOLUME AND THAT

ENCOURAGES QUALITY

, EFFICIENT, AND ACCESSIBLE HEALTH CARE;

18 Amendment 69: Statewide Health Care System

(f) COLORADO HEALTH CARE PROVIDERS NEED RELIEF FROM THE ADMINISTRATIVE BURDENS THAT INTERFERE WITH

QUALITY HEALTH CARE

;

(g)

SECTION 1332 OF THE AFFORDABLE CARE ACT ALLOWS COLORADO TO OBTAIN WAIVERS FROM THE INSURANCE

EXCHANGE PROGRAM IN ORDER TO CREATE A UNIQUE

COLORADO HEALTH CARE SYSTEM; AND THEREFORE, THAT

(2)

COLORADO WILL FINANCE HEALTH CARE THROUGH COLORADOCARE, A POLITICAL SUBDIVISION OF THE STATE

GOVERNED BY A TWENTY

-ONE MEMBER BOARD OF TRUSTEES THAT WILL ADMINISTER A COORDINATED PAYMENT SYSTEM

FOR HEALTH CARE SERVICES AND CONTROL THE PER CAPITA COST OF HEALTH CARE

, THEREBY IMPROVING ACCESS TO

HEALTH CARE FOR ALL

COLORADANS, ENHANCING THEIR HEALTH CARE EXPERIENCES, GIVING COLORADANS THE RIGHT TO

CHOOSE THEIR PRIMARY HEALTH CARE PROVIDERS

, AND IMPROVING THE WORKING LIVES OF PROVIDERS.

Section 2. Definitions. F

OR THE PURPOSE OF THIS ARTICLE:

(1) "A

FFORDABLE CARE ACT" MEANS THE FEDERAL "PATIENT PROTECTION AND AFFORDABLE CARE ACT",

UB.L. 111-148, AS AMENDED BY THE FEDERAL "HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010",

PUB.L. 111-152, AND AS MAY BE FURTHER AMENDED, INCLUDING ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT.

(2)

"BENEFICIARY" MEANS AN INDIVIDUAL WHOSE PRIMARY RESIDENCE IS IN COLORADO.

(3) "

BOARD" MEANS THE ELECTED BOARD OF TRUSTEES ESTABLISHED IN SECTION 5 OF THIS ARTICLE UNLESS THE

CONTEXT INDICATES THAT

"BOARD" MEANS THE INTERIM BOARD DEFINED IN SUBSECTION (9) OF THIS SECTION.

(4) "C

HILDREN'S BASIC HEALTH PLAN" MEANS THE HEALTH BENEFIT PLAN ESTABLISHED IN ARTICLE 8 OF TITLE 25.5,

COLORADO REVISED STATUTES.

(5) "C

OLORADO HEALTH BENEFIT EXCHANGE" MEANS THE COLORADO HEALTH BENEFIT EXCHANGE CREATED IN

ARTICLE

22 OF TITLE 10, COLORADO REVISED STATUTES, OR ITS SUCCESSOR ENTITY.

(6) "

EFFECTIVE DATE" MEANS THE EFFECTIVE DATE OF THIS ARTICLE AS SPECIFIED IN SECTION 14 OF THIS ARTICLE.

(7) "

EMPLOYEE" MEANS AN INDIVIDUAL WHO WORKS OR RESIDES IN COLORADO AND WHO RECEIVES WAGES, SALARIES,

TIPS

, OR ANY OTHER INCOME WHICH MUST BE REPORTED ON INTERNAL REVENUE SERVICE FORM W-2.

(8) "

EMPLOYER" MEANS AN INDIVIDUAL, A GOVERNMENTAL ENTITY, AND ANY ORGANIZATION DEFINED IN TITLE 7,

COLORADO REVISED STATUTES, THAT:

(a)

PAYS COMPENSATION TO ONE OR MORE INDIVIDUALS FOR WORK PERFORMED; AND

(b)

IS REQUIRED BY COLORADO LAW TO WITHHOLD A PORTION OF THE COMPENSATION FOR THE PAYMENT OF

COLORADO INCOME TAXES, OR TO REPORT THOSE EARNINGS TO THE COLORADO DEPARTMENT OF REVENUE.

(9) "

INTERIM BOARD" MEANS THE BOARD OF TRUSTEES APPOINTED PURSUANT TO SECTION 4 OF THIS ARTICLE.

(10) "M

EDICAID PROGRAM" MEANS THE MEDICAL ASSISTANCE PROGRAM AUTHORIZED IN TITLE XIX OF THE FEDERAL

"SOCIAL SECURITY ACT", 42 U.S.C. SECTIONS 1305 ET SEQ., AS AMENDED, AND UNDER THE "COLORADO MEDICAL

ASSISTANCE ACT", ARTICLES 4, 5, AND 6 OF TITLE 25.5, COLORADO REVISED STATUTES, OR ANY SUCCESSOR STATUTES.

(11)

"MEMBER" MEANS A BENEFICIARY WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND WHOSE PRIMARY RESIDENCE

HAS BEEN IN

COLORADO FOR AT LEAST ONE CONTINUOUS YEAR.

(12) "

NONPAYROLL INCOME" MEANS TOTAL INCOME FROM ALL SOURCES SPECIFIED ON LINES 8 THROUGH 10, 12

THROUGH

18, AND 20 THROUGH 21 OF THE INTERNAL REVENUE SERVICE FORM 1040 FOR THE TAX YEAR 2014 OR THE

CORRESPONDING LINES OF ANY SUCCESSOR FORM

. "NONPAYROLL INCOME" DOES NOT INCLUDE ANY PENSION OR ANNUITY

INCOME WHICH IS NOT SUBJECT TO

COLORADO INCOME TAXES PURSUANT TO SECTION 39-22-104(f)(4), COLORADO

REVISED STATUTES, OR ANY SUCCESSOR STATUTE.

(13)

"PAYROLL INCOME" MEANS WAGES, TIPS, SALARIES, AND ALL OTHER INCOME THAT MUST BE REPORTED ON

INTERNAL REVENUE SERVICE FORM W-2.

Amendment 69: Statewide Health Care System 19

ANALYSES

TITLES AND TEXT

(14) "PREMIUM TAX" MEANS THE TAX SPECIFIED IN SECTION 9(2) OF THIS ARTICLE.

(15) "

PROVIDER" MEANS A HEALTH CARE PROFESSIONAL LICENSED BY THE STATE OF COLORADO AND INCLUDES

INDIVIDUALS

, HOSPITALS, AND OTHER HEALTH CARE FACILITIES LICENSED OR CERTIFIED BY THE STATE. "PROVIDER"

INCLUDES AN INDIVIDUAL OR ENTITY THAT PROVIDES SERVICES

, MEDICAL INTERVENTIONS, PHARMACEUTICALS, OR

EQUIPMENT USED TO TREAT BENEFICIARIES

(16) "

TRANSITIONAL OPERATING FUND TAX" MEANS THE TAX SPECIFIED IN SECTION 9 (1) OF THIS ARTICLE.

(17) "

TRUSTEE" MEANS AN INDIVIDUAL APPOINTED OR ELECTED TO SERVE ON THE INTERIM OR ELECTED BOARD

OF TRUSTEES

Section 3. ColoradoCare - establishment. (1) T

HERE IS HEREBY ESTABLISHED A POLITICAL SUBDIVISION

OF THE STATE CALLED

COLORADOCARE. COLORADOCARE IS NOT AN AGENCY OF THE STATE AND IS NOT SUBJECT

TO ADMINISTRATIVE DIRECTION OR CONTROL BY ANY STATE EXECUTIVE

, DEPARTMENT, COMMISSION, BOARD, BUREAU, OR

AGENCY

(2)

THE PURPOSE OF COLORADOCARE IS TO FINANCE HEALTH CARE SERVICES FOR ALL COLORADO RESIDENTS, TO

ADMINISTER STATE AND FEDERAL HEALTH CARE FUNDS

, AND TO INSTITUTE FISCALLY SOUND PAYMENT POLICIES THAT

IMPROVE AND MAINTAIN HIGH STANDARDS FOR VALUE

, QUALITY, AND HEALTHY OUTCOMES FOR ALL BENEFICIARIES.

Section 4. Interim board - governance and responsibilities. (1) (a) W

ITHIN SIXTY DAYS AFTER THE EFFECTIVE

DATE OF THIS ARTICLE

, THE PRESIDENT OF THE COLORADO SENATE, THE MINORITY LEADER OF THE COLORADO SENATE,

THE SPEAKER OF THE

COLORADO HOUSE OF REPRESENTATIVES, THE MINORITY LEADER OF THE COLORADO HOUSE OF

REPRESENTATIVES

, AND THE GOVERNOR OF THE STATE OF COLORADO SHALL EACH APPOINT THREE TRUSTEES TO SERVE

ON THE INTERIM BOARD

. IN MAKING THE APPOINTMENTS TO THE INTERIM BOARD, THE APPOINTING AUTHORITIES SHALL

MAKE GOOD

- FAITH EFFORTS TO ENSURE THAT:

(I) E

ACH TRUSTEE WILL STRIVE TO REPRESENT THE INTERESTS OF ALL COLORADANS;

(II)

THEIR APPOINTMENTS REFLECT THE SOCIAL, DEMOGRAPHIC, AND GEOGRAPHIC DIVERSITY OF THE STATE; AND

(III)

THEIR APPOINTEES ARE COMMITTED TO SUCCESSFULLY IMPLEMENTING THIS ARTICLE.

(b)

AN INTERIM TRUSTEE MAY BE REMOVED FOR CAUSE BY A MAJORITY VOTE OF THE OTHER TRUSTEES.

(c)

IF A VACANCY OCCURS ON THE INTERIM BOARD, THE APPOINTING AUTHORITY SHALL APPOINT A NEW TRUSTEE TO

FILL THE VACANCY WITHIN THIRTY DAYS AFTER THE VACANCY OCCURS

(2)(a)

THE INTERIM BOARD SHALL CARRY OUT ALL DUTIES AND RESPONSIBILITIES OF THE BOARD UNTIL THE ELECTED

BOARD ASSUMES RESPONSIBILITY FOR THE OPERATION OF

COLORADOCARE ON THE DATE SPECIFIED IN PARAGRAPH (i ) OF

THIS SUBSECTION

(b)

THE INTERIM BOARD SHALL:

(I) P

ROMULGATE BYLAWS, PROCEDURES, RULES, AND POLICIES. THE BYLAWS, PROCEDURES, RULES, AND POLICIES OF

THE INTERIM BOARD SHALL EXPIRE ONE HUNDRED TWENTY DAYS AFTER THE ELECTED BOARD TAKES OFFICE UNLESS THE

ELECTED BOARD RATIFIES THEM

(II)

APPROVE AN OPERATING BUDGET;

(III)

HIRE EMPLOYEES AND CONSULTANTS; AND

(IV)

PROMULGATE RULES TO ENSURE TRANSPARENCY IN ITS OPERATIONS AND DECISIONMAKING, WHICH RULES MUST

BE AT LEAST AS STRICT AS THE REQUIREMENTS IN THE

"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE

24, COLORADO REVISED STATUTES, OR ITS SUCCESSOR ACT.

(c)

AS SOON AS IT IS ALLOWED UNDER FEDERAL LAW, THE INTERIM BOARD SHALL SEEK A WAIVER TO ALLOW THE STATE

TO SUSPEND OPERATION OF THE

COLORADO HEALTH BENEFIT EXCHANGE AND TRANSFER ITS RESOURCES TO

20 Amendment 69: Statewide Health Care System

COLORADOCARE NO LATER THAN THE DATE ON WHICH COLORADOCARE ASSUMES RESPONSIBILITY FOR HEALTH CARE

PAYMENTS

(d)

NO LATER THAN NINETY DAYS PRIOR TO THE DATE COLORADOCARE IS TO ASSUME RESPONSIBILITY FOR HEALTH

CARE PAYMENTS

, THE BOARD SHALL PROVIDE WRITTEN CERTIFICATION TO THE GOVERNOR AND THE COLORADO

DEPARTMENT OF REVENUE OF THE DATE

COLORADOCARE INTENDS TO ASSUME THIS RESPONSIBILITY.

(e)

FOR PURPOSES OF ELECTING THE BOARD OF TRUSTEES, THE INTERIM BOARD SHALL USE THE MOST RECENT UNITED

STATES DECENNIAL CENSUS FIGURES TO DIVIDE THE STATE INTO SEVEN COMPACT CONTIGUOUS DISTRICTS WITH

SUBSTANTIALLY THE SAME NUMBER OF RESIDENTS IN EACH DISTRICT

(f)

ELECTIONS SHALL BE NONPARTISAN.

(g)

THE INTERIM BOARD SHALL PROMULGATE RULES GOVERNING THE SELECTION OF TRUSTEE CANDIDATES AND THE

CONDUCT OF ELECTIONS

, INCLUDING RULES THAT REGULATE CAMPAIGN CONTRIBUTIONS AND EXPENDITURES, AND THE

CERTIFICATION OF ELECTION RESULTS

(h)

TRUSTEE CANDIDATES MUST BE MEMBERS OF COLORADOCARE WHO LIVE IN THE DISTRICT FROM WHICH THEY ARE

SEEKING ELECTION

(i)

THE INTERIM BOARD SHALL SCHEDULE THE FIRST ELECTION WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF

THIS ARTICLE

. THE ELECTED BOARD SHALL ASSUME RESPONSIBILITY FOR THE OPERATION OF COLORADOCARE WITHIN

FORTY

-FIVE DAYS AFTER THE INTERIM BOARD CERTIFIES THE ELECTION RESULTS. INTERIM TRUSTEES SHALL CONTINUE TO

SERVE AS EX OFFICIO

, NONVOTING TRUSTEES FOR NINETY DAYS AFTER THE ELECTED BOARD ASSUMES RESPONSIBILITY

FOR THE OPERATION OF

COLORADOCARE.

Section 5. Elected board of trustees - duties and responsibilities. (1)

A MEMBER-ELECTED BOARD OF

TWENTY

-ONE TRUSTEES SHALL GOVERN COLORADOCARE. THREE TRUSTEES SHALL BE ELECTED FROM AMONG THE

MEMBERS RESIDING IN EACH DISTRICT

(2) (a)

ELECTED TRUSTEES SHALL SERVE FOUR YEAR TERMS OF OFFICE, EXCEPT THAT, OF THE TRUSTEES FIRST

ELECTED TO THE BOARD

, ONE TRUSTEE FROM EACH DISTRICT SHALL SERVE AN INITIAL TWO YEAR TERM AND TWO

TRUSTEES FROM EACH DISTRICT SHALL SERVE INITIAL FOUR YEAR TERMS

. THE CHAIRPERSON OF THE INTERIM BOARD

SHALL DETERMINE BY LOT WHICH TRUSTEES

-ELECT WILL SERVE INITIAL TWO YEAR TERMS AND WHICH WILL SERVE INITIAL

FOUR YEAR TERMS

. TRUSTEES WHO SERVE INITIAL TWO YEAR TERMS ARE ELIGIBLE TO SERVE TWO CONSECUTIVE FOUR

YEAR TERMS AFTER COMPLETING THEIR INITIAL TERMS

. TRUSTEES ELECTED TO SERVE AN INITIAL TERM OF FOUR YEARS

MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS

(b)

A TRUSTEE MAY BE REMOVED FOR CAUSE BY A MAJORITY VOTE OF THE OTHER TRUSTEES.

(c)

TRUSTEES ARE NOT SUBJECT TO RECALL ELECTIONS.

(d)

IF A VACANCY OCCURS ON THE BOARD, THE BOARD, BY MAJORITY VOTE, SHALL APPOINT A TRUSTEE FROM THE

DEPARTING TRUSTEE

'S DISTRICT TO COMPLETE THE REMAINDER OF THE DEPARTING TRUSTEE'S TERM OF OFFICE.

(3)

NOT MORE OFTEN THAN ONCE PER DECENNIUM, THE ELECTED BOARD MAY MODIFY THE BOUNDARIES OF THE SEVEN

DISTRICTS

, BUT ONLY IF IT DOES SO WITHIN ONE YEAR AFTER DECENNIAL CENSUS FIGURES ARE PUBLISHED BY THE UNITED

STATES CENSUS BUREAU. EACH NEW DISTRICT SHALL BE COMPACT AND CONTIGUOUS AND ALL DISTRICTS SHALL HAVE

SUBSTANTIALLY THE SAME NUMBER OF RESIDENTS

(4)

THE BOARD SHALL:

(a) P

ROMULGATE BYLAWS, PROCEDURES, RULES, AND POLICIES, AND RATIFY, AMEND, OR REJECT THOSE BYLAWS,

PROCEDURES

, RULES AND POLICIES PROMULGATED BY THE INTERIM BOARD;

(b)

HIRE AN EXECUTIVE TEAM TO ADMINISTER THE OPERATIONS OF COLORADOCARE. THE EXECUTIVE TEAM SHALL

INCLUDE A CHIEF EXECUTIVE OFFICER

, A CHIEF FINANCIAL OFFICER, AND A CHIEF MEDICAL OFFICER.

(c)

ESTABLISH A CENTRAL PURCHASING AUTHORITY RESPONSIBLE FOR NEGOTIATING FAVORABLE PRICES FOR

PRESCRIPTION DRUGS

, MEDICAL EQUIPMENT AND OTHER PRODUCTS AND SERVICES REQUIRED BY COLORADOCARE;

Amendment 69: Statewide Health Care System 21

ANALYSES

TITLES AND TEXT

(d) PROVIDE FUNDS TO THE COMMISSIONER OF INSURANCE FOR THE OPERATION OF SEPARATE OMBUDSMAN

OFFICES FOR BENEFICIARIES AND PROVIDERS

. FUNDING SHALL BE SUFFICIENT TO ALLOW THE TIMELY COMPLETION

OF ALL INVESTIGATIONS

. EACH OFFICE SHALL HAVE THE CAPACITY TO INVESTIGATE AND RESPOND TO INQUIRIES AND

COMPLAINTS AND MAKE RECOMMENDATIONS TO THE BOARD

(e)

ESTABLISH AND FUND AN OFFICE FOR THE INVESTIGATION AND PREVENTION OF FRAUD. THE OFFICE SHALL

HAVE THE POWER TO BRING CIVIL ACTIONS IN THE NAME OF

COLORADOCARE TO RECOVER ANY MONIES OR THE

VALUE OF ANY BENEFITS OBTAINED BY FRAUD OR MISTAKE AND MAY REFER FRAUDULENT CONDUCT TO A DISTRICT

ATTORNEY FOR CRIMINAL PROSECUTION

(f)

ESTABLISH PROCEDURES FOR MANAGING SURPLUS FUNDING BY MAINTAINING NECESSARY OPERATING

RESERVES

, INCREASING BENEFITS, OR ISSUING REFUNDS TO MEMBERS;

(g)

ESTABLISH PROCEDURES FOR ENSURING FINANCIAL SUSTAINABILITY BY ADJUSTING PAYMENTS AND

BENEFITS

;

(h)

PROMULGATE RULES FOR INDEPENDENT ANNUAL PERFORMANCE AND FINANCIAL AUDITS;

(i)

PROMULGATE RULES THAT PROTECT BENEFICIARY CONFIDENTIALITY WHILE ALLOWING FOR PUBLICLY AVAILABLE

RESEARCH OF

COLORADOCARE'S DATABASES;

(j)

PROMULGATE RULES TO ENSURE TRANSPARENCY IN ITS OPERATIONS AND DECISIONMAKING, WHICH RULES MUST BE

AT LEAST AS STRICT AS THE REQUIREMENTS IN THE

"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE

24, COLORADO REVISED STATUTES, OR ITS SUCCESSOR ACT;

(k)

APPROVE AND MAKE PUBLICLY AVAILABLE AN ANNUAL BUDGET;

(l)

FACILITATE CREATION OF EFFICIENT MEDICAL RECORDS AND BILLING RECORDS SYSTEMS THAT:

(I)

CAN BE EASILY ACCESSED BY PROVIDERS AND BENEFICIARIES;

(II)

ALLOW COLORADOCARE TO MAINTAIN A CENTRAL DATABASE OF MEDICAL RECORDS FOR MANAGEMENT AND

RESEARCH PURPOSES

; AND

(III)

ENSURE THE CONFIDENTIALITY OF BENEFICIARIES' MEDICAL RECORDS IN COMPLIANCE WITH ALL FEDERAL AND

STATE HEALTH CARE LAWS

, REGULATIONS, AND RULES CONCERNING THE CONFIDENTIALITY OF PATIENT MEDICAL RECORDS.

(m)

ADMINISTER ALL STATE FUNDS FOR HEALTH CARE SERVICES PROVIDED TO BENEFICIARIES;

(n)

ESTABLISH POLICIES AND PROCEDURES TO PAY BENEFITS FOR HEALTH CARE SERVICES RENDERED TO A

BENEFICIARY WHO IS TEMPORARILY LIVING OR TRAVELING IN ANOTHER STATE

; AND

(o)

ESTABLISH AN APPEALS PROCEDURE THAT ALLOWS BENEFICIARIES AND PROVIDERS TO CHALLENGE COVERAGE AND

PAYMENT DECISIONS

. FINAL ACTION ON AN APPEAL SHALL BE SUBJECT TO JUDICIAL REVIEW ACCORDING TO COLORADO

LAW AND THE

COLORADO RULES OF CIVIL AND APPELLATE PROCEDURE FOR THE REVIEW OF FINAL AGENCY ACTIONS.

(5)

THE BOARD MAY:

(a) A

UTHORIZE REASONABLE COMPENSATION AND EXPENSE REIMBURSEMENT FOR THE TRUSTEES;

(b)

SEEK WAIVERS FROM STATE AND FEDERAL LAWS, RULES, AND REGULATIONS; AND

(c)

SEEK AND ACCEPT GIFTS, GRANTS, AND DONATIONS ON BEHALF OF COLORADOCARE.

(6)

THE BOARD IS GRANTED ALL POWERS NECESSARY AND PROPER TO FULFILL COLORADOCARE'S RESPONSIBILITIES,

INCLUDING THE POWER TO PROMULGATE SUCH RULES AS THE BOARD FINDS NECESSARY FOR THE PROPER ADMINISTRATION

AND ENFORCEMENT OF THIS ARTICLE

22 Amendment 69: Statewide Health Care System

Section 6. Health care benefits paid by ColoradoCare. (1) (a) COLORADOCARE SHALL CONTRACT WITH

PROVIDERS TO PAY FOR HEALTH CARE SERVICES TO BENEFICIARIES THAT MUST INCLUDE

(I) A

MBULATORY PATIENT SERVICES, INCLUDING PRIMARY AND SPECIALTY CARE;

(II)

HOSPITALIZATION;

(III)

PRESCRIPTION DRUGS AND DURABLE MEDICAL EQUIPMENT;

(IV)

MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES, INCLUDING BEHAVIORAL HEALTH TREATMENT;

(V)

EMERGENCY AND URGENT CARE;

(VI)

PREVENTIVE AND WELLNESS SERVICES AND CHRONIC DISEASE MANAGEMENT;

(VII)

REHABILITATIVE AND HABILITATIVE SERVICES AND DEVICES;

(VIII)

PEDIATRIC SERVICES, INCLUDING ORAL, VISION, AND HEARING CARE;

(IX)

LABORATORY SERVICES;

(X)

MATERNITY AND NEWBORN CARE; AND

(XI)

PALLIATIVE AND END-OF-LIFE CARE.

(b)

THE BOARD MAY AUTHORIZE PAYMENT FOR BENEFITS NOT SPECIFIED IN PARAGRAPH (a) OF SUBSECTION 1 OF THIS

SECTION

(2) (a) C

OLORADOCARE SHALL PAY FOR HEALTH CARE SERVICES TO BENEFICIARIES REGARDLESS OF THE CAUSE OF

THEIR INJURIES OR ILLNESSES

(b) C

OLORADOCARE SHALL ASSUME RESPONSIBILITY FOR PAYMENT OF ALL REASONABLE AND NECESSARY MEDICAL

EXPENSES INCURRED BY WORKERS WHO SUFFER INJURIES OR ILLNESSES ARISING OUT OF AND IN THE COURSE OF THEIR

EMPLOYMENT ON AND AFTER THE DATE

COLORADOCARE ASSUMES RESPONSIBILITY FOR HEALTH CARE PAYMENTS.

COLORADOCARE'S RESPONSIBILITY EXTENDS ONLY TO EMPLOYEES WHOSE EMPLOYERS ARE REQUIRED BY THE

"WORKERS' COMPENSATION ACT OF COLORADO", ARTICLES 40 TO 47 OF TITLE 8, COLORADO REVISED STATUTES, TO

PROVIDE WORKERS

' COMPENSATION INSURANCE FOR THEIR EMPLOYEES. WORKERS SUFFERING FROM INJURIES OR

ILLNESSES ARISING OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT ARE ENTITLED TO THE SAME BENEFITS AND HAVE

THE SAME RIGHTS AND RESPONSIBILITIES AS OTHER BENEFICIARIES

(c)

FOR INDIVIDUALS ELIGIBLE FOR THE MEDICAID PROGRAM, THE CHILDREN'S BASIC HEALTH PLAN, AND ANY OTHER

FEDERAL HEALTH CARE PROGRAMS TO BE ADMINISTERED BY

COLORADOCARE, THE BENEFIT PACKAGE UNDER

COLORADOCARE MUST INCLUDE:

(I)

THE BENEFITS REQUIRED BY FEDERAL LAW;

(II)

ANY OPTIONAL MEDICAID PROGRAM BENEFITS AUTHORIZED UNDER 42 U.S.C. SEC. 1396d OR THE "COLORADO

MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF TITLE 25.5, COLORADO REVISED STATUTES, OR SERVICES COVERED

UNDER THE STATE PLAN FOR THE

CHILDREN'S BASIC HEALTH PLAN AS PROVIDED IN 42 U.S.C. SEC. 1397cc, FOR WHICH

THESE INDIVIDUALS ARE ELIGIBLE

; AND

(III)

ANY ADDITIONAL BENEFITS PROVIDED IN COLORADOCARE'S BENEFIT PACKAGE.

(d)

AN INDIVIDUAL WHO LOSES ELIGIBILITY FOR STATE OR FEDERAL BENEFITS UNDER THE MEDICAID PROGRAM OR THE

CHILDREN'S BASIC HEALTH PLAN SHALL RECEIVE THE SAME BENEFITS AS ANY OTHER BENEFICIARY OF COLORADOCARE.

(3) C

OLORADOCARE SHALL NOT CHARGE BENEFICIARIES ANY DEDUCTIBLES.

(4)

THE BOARD SHALL PROMULGATE RULES FOR WAIVING COPAYMENTS WHEN THEY WILL CAUSE FINANCIAL HARDSHIP

Amendment 69: Statewide Health Care System 23

ANALYSES

TITLES AND TEXT

FOR A BENEFICIARY. THE BOARD SHALL NOT REQUIRE COPAYMENTS FOR DESIGNATED PRIMARY AND PREVENTIVE

CARE SERVICES

(5)

A PROVIDER MAY NOT REQUIRE A BENEFICIARY TO MAKE A COPAYMENT OR SUBMIT TO ANY OTHER

COST

-SHARING ARRANGEMENT WITHOUT COLORADOCARE'S APPROVAL.

(6) C

OLORADOCARE SHALL ALLOW BENEFICIARIES TO CHOOSE THEIR OWN PRIMARY CARE PROVIDERS.

(7) C

OLORADOCARE MAY PROVIDE FUNDING AND OTHER SUPPORT TO IMPROVE ACCESS TO HEALTH CARE

SERVICES FOR ALL BENEFICIARIES REGARDLESS OF WHERE THEY LIVE IN

COLORADO.

(8) C

OLORADOCARE MAY PROVIDE FUNDING AND OTHER SUPPORT FOR STATEWIDE ACCESS TO EMERGENCY

AND TRAUMA CARE SERVICES

Section 7. Delivery of service models. (1)

COLORADOCARE SHALL BEGIN OPERATION BY ASSUMING PAYMENT

FOR HEALTH CARE SERVICES IN A MANNER DESIGNED TO MINIMIZE DISRUPTIONS TO CURRENT DELIVERY AND PAYMENT

SYSTEMS

(2)

COLORADOCARE SHALL PHASE IN PAYMENT REFORMS AND A UNIFIED BILLING SYSTEM.

(3)

COLORADOCARE SHALL USE PAYMENT MODELS THAT OPTIMIZE QUALITY, VALUE, AND HEALTHY OUTCOMES FOR

BENEFICIARIES

Section 8. Transition to ColoradoCare. (1)

(a) THE COLORADO DEPARTMENT OF HEALTH CARE POLICY AND

FINANCING, THE COLORADO HEALTH BENEFIT EXCHANGE, AND ANY OTHER NECESSARY STATE DEPARTMENT OR AGENCY

SHALL ASSIST THE INTERIM AND ELECTED BOARDS IN SEEKING ALL WAIVERS

, EXEMPTIONS, AND AGREEMENTS FROM THE

STATE AND FEDERAL GOVERNMENTS THAT ARE NECESSARY TO TRANSFER HEALTH CARE FUNDING FROM THE FEDERAL

GOVERNMENT AND FROM ANY STATE DEPARTMENTS AND AGENCIES TO

COLORADOCARE.

(b)

TO THE EXTENT ALLOWABLE UNDER FEDERAL LAW, COLORADOCARE AND ALL INVOLVED STATE DEPARTMENTS AND

AGENCIES SHALL ARRANGE FOR FEDERAL FUNDS TO BE DELIVERED DIRECTLY TO

COLORADOCARE. IF THESE FUNDS

CANNOT BE DELIVERED DIRECTLY TO

COLORADOCARE, THE STATE SHALL TRANSFER THEM TO COLORADOCARE WITHIN

TEN DAYS AFTER IT RECEIVES THEM

(2)

NO LATER THAN THE DATE COLORADOCARE IS TO ASSUME RESPONSIBILITY FOR HEALTH CARE PAYMENTS, THE

STATE SHALL TRANSFER TO

COLORADOCARE ALL STATE AND FEDERAL FUNDS FOR THE MEDICAID, CHILDREN'S BASIC

HEALTH PLAN, AND ANY OTHER PROGRAM TO BE ADMINISTERED BY COLORADOCARE. THE STATE MAY RETAIN ANY FUNDS

NECESSARY TO MEET PAYMENT OBLIGATIONS WHICH EXIST AS OF THE DATE OF TRANSFER

. UPON RECEIPT OF THIS

FUNDING

, COLORADOCARE SHALL BE RESPONSIBLE FOR PAYING FOR ALL BENEFITS AND SERVICES PREVIOUSLY PAID BY

THE STATE AND FEDERAL GOVERNMENT WITH THOSE FUNDS

(3)

COLORADOCARE SHALL ASSUME RESPONSIBILITY FOR THE PROPER ADMINISTRATION AND DISTRIBUTION OF STATE

AND FEDERAL FUNDS PURSUANT TO STATE AND FEDERAL LAW

(4)

THE BOARD MAY APPLY FOR COLORADOCARE TO BECOME A MEDICARE ADVANTAGE PROGRAM, A MEDICARE

SUPPLEMENTAL PROGRAM

, OR ANY SUCCESSOR PROGRAM.

(5)

THE BOARD IS AUTHORIZED TO APPLY FOR FUNDS AND ENROLL IN ANY PROGRAM THAT DOES NOT ALTER THE

PURPOSE OF

COLORADOCARE AS SET FORTH IN SECTION 3(2) OF THIS ARTICLE.

Section 9. Funding of ColoradoCare - collection of premiums. (1)

ON AND AFTER JULY 1 OF THE YEAR

FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE

, AND UNTIL THIRTY DAYS BEFORE COLORADOCARE ASSUMES

RESPONSIBILITY FOR HEALTH CARE PAYMENTS

, THE COLORADO DEPARTMENT OF REVENUE SHALL COLLECT A

TRANSITIONAL OPERATING FUND TAX OF

(a)

SIX-TENTHS PERCENT OF TOTAL PAYROLL FROM EACH EMPLOYER;

(b)

THREE-TENTHS PERCENT OF ALL PAYROLL INCOME FROM EACH EMPLOYEE; AND

24 Amendment 69: Statewide Health Care System

(d)

FROM JULY 1 UNTIL DECEMBER 31 OF THE FIRST YEAR IN WHICH THE TAXES IN THIS SUBSECTION (1) ARE LEVIED,

THEY SHALL BE LEVIED ON FIFTY PERCENT OF THE BENEFICIARY

'S TOTAL NONPAYROLL INCOME.

(2)

THIRTY DAYS BEFORE COLORADOCARE IS TO ASSUME RESPONSIBILITY FOR HEALTH CARE PAYMENTS, THE

COLORADO DEPARTMENT OF REVENUE SHALL CEASE COLLECTING TRANSITIONAL OPERATING FUND TAXES AND SHALL

BEGIN COLLECTING A PREMIUM TAX OF

(a)

SIX AND SIXTY-SEVEN-ONE-HUNDREDTHS PERCENT OF TOTAL PAYROLL FROM ALL EMPLOYERS, WHICH SATISFIES

THEIR OBLIGATION TO PROVIDE HEALTH CARE INSURANCE FOR THEIR EMPLOYEES

;

(b)

THREE AND THIRTY-THREE-ONE-HUNDREDTHS PERCENT OF ALL PAYROLL INCOME FROM EACH EMPLOYEE; AND

(c)

TEN PERCENT OF ALL NON-PAYROLL INCOME FROM ALL BENEFICIARIES.

(d)

IF THE PREMIUM TAX LEVIED PURSUANT TO THIS SUBSECTION (2) IS FIRST LEVIED ON A DATE OTHER THAN JANUARY

1, IT SHALL BE LEVIED ON THE BENEFICIARY'S TOTAL NONPAYROLL INCOME MULTIPLIED BY THE PERCENTAGE OF THE

CALENDAR YEAR IN WHICH THE TAX IS FIRST LEVIED

(3)

PAYMENT OF THE PREMIUM TAX DOES NOT CONSTITUTE THE PURCHASE OF A HEALTH INSURANCE POLICY BY AN

EMPLOYER OR TAXPAYER

(4)

THE TAXES LEVIED PURSUANT TO THIS SECTION 9 SHALL BE LEVIED AGAINST THE INCOME OF NONRESIDENT

INDIVIDUALS IN THE MANNER SPECIFIED IN SECTION

39-22-109, COLORADO REVISED STATUTES OR ANY SUCCESSOR

STATUTE

, AND AGAINST THE INCOME OF PART-YEAR RESIDENTS IN THE MANNER SPECIFIED IN SECTION 39-22-110,

COLORADO REVISED STATUTES OR ANY SUCCESSOR STATUTE.

(5)

AN EMPLOYER MAY PAY ALL OR PART OF AN EMPLOYEE'S SHARE OF THE TAXES LEVIED PURSUANT TO THIS SECTION.

(6)

THE TOTAL AMOUNT OF PAYROLL EARNINGS BY EMPLOYEES AND OF NONPAYROLL INCOME SUBJECT TO THE TAXES

LEVIED PURSUANT TO THIS SECTION SHALL NOT EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS FOR THOSE

FILING INDIVIDUAL INCOME TAX RETURNS AND FOUR HUNDRED FIFTY THOUSAND DOLLARS FOR COUPLES FILING JOINTLY

THE DEPARTMENT OF REVENUE SHALL ANNUALLY ADJUST THESE LIMITS FOR INFLATION USING THE CONSUMER

PRICE INDEX PUBLISHED BY THE

BUREAU OF LABOR STATISTICS OF THE UNITED STATES DEPARTMENT OF LABOR FOR THE

BOULDER-GREELEY-DENVER METROPOLITAN STATISTICAL AREA. ADJUSTMENTS SHALL BE EFFECTIVE ON JANUARY 1 OF

EACH YEAR

, BEGINNING WITH THE CALENDAR YEAR 2018 AND USING THE CALENDAR YEAR 2017 AS THE BASE YEAR.

(7)

THE BOARD SHALL CONDUCT AN ANNUAL ASSESSMENT OF REVENUES AND COSTS AND PREPARE A PUBLIC REPORT

REGARDING THE FINANCIAL STATUS OF

COLORADOCARE AND OPTIONS CONSIDERED FOR ECONOMIES, BENEFITS,

REFUNDS

, BUILDING NECESSARY RESERVES, AND PREMIUM ADJUSTMENTS.

(8)

IF THE BOARD DETERMINES THAT A PREMIUM INCREASE IS NECESSARY TO MAINTAIN THE FISCAL STABILITY OF

COLORADOCARE, THE BOARD MAY INCREASE THE PREMIUM TAXES SPECIFIED IN SUBSECTION (2) OF THIS SECTION NOT

MORE OFTEN THAN ONCE PER FISCAL YEAR

, BUT ONLY IF A MAJORITY OF THE MEMBERS OF COLORADOCARE WHO CAST

VOTES ON THE PROPOSED INCREASE APPROVE IT

Section 10. Exemption. C

OLORADOCARE AND THIS ARTICLE ARE EXEMPT FROM SECTION 20 OF ARTICLE X OF THE

COLORADO CONSTITUTION.

Section 11. ColoradoCare secondary payor - subrogation rights. (1)

COLORADOCARE SERVES AS A

SECONDARY PAYOR TO ANY HEALTH INSURANCE PLAN IN WHICH A BENEFICIARY IS ENROLLED OR WHICH MAY BE

RESPONSIBLE FOR A BENEFICIARY

'S HEALTH CARE EXPENSES. THE TOTAL OF COLORADOCARE'S PAYMENT AND ALL OTHER

PAYMENTS SHALL NOT EXCEED THE AMOUNT THAT

COLORADOCARE WOULD PAY IF IT WERE THE ONLY PAYOR.

(2)

COLORADOCARE SHALL SERVE AS A STATE HEALTH PLAN THAT PAYS FOR DESIGNATED SUPPLEMENTAL HEALTH

CARE SERVICES FOR

MEDICARE BENEFICIARIES; EXCEPT THAT COLORADOCARE SHALL NOT PAY FOR SERVICES:

(a)

COVERED BY MEDICARE PARTS A, B AND D; OR

Amendment 69: Statewide Health Care System 25

ANALYSES

TITLES AND TEXT

(b) COVERED BY A MEDICARE ADVANTAGE PLAN THAT A BENEFICIARY HAS WITH AN ENTITY OTHER THAN

COLORADOCARE; OR

(c)

THAT WOULD HAVE BEEN PAID BY MEDICARE PARTS B OR D HAD THE BENEFICIARY PURCHASED THOSE

OPTIONAL

MEDICARE COVERAGES, UNLESS:

(I)

COLORADOCARE HAS AN AGREEMENT WITH THE CENTER FOR MEDICARE AND MEDICAID SERVICES THAT

REQUIRES IT TO PAY FOR SERVICES THAT WOULD HAVE BEEN PAID UNDER PARTS

B AND D; OR

(II)

COLORADOCARE OFFERS A MEDICARE ADVANTAGE PLAN AND THE BENEFICIARY VOLUNTARILY ENROLLS IN

THIS PLAN

(3)(a)

COLORADOCARE HAS FULL RIGHTS OF SUBROGATION, AHEAD OF THE RIGHTS OF A WORKERS'

COMPENSATION OR OTHER INSURER OR HEALTH CARE PLAN

, INCLUDING THE RIGHT TO BRING AN INDEPENDENT

LAWSUIT OR TO INTERVENE IN A LAWSUIT FILED BY A BENEFICIARY

, IN ORDER TO RECOVER HEALTH CARE COSTS FROM

COLLATERAL SOURCES FOR WHICH THE BENEFICIARY HAS A RIGHT OF ACTION FOR COMPENSATION AGAINST THE PERSON

OR ENTITY THAT CAUSED HIS OR HER ILLNESS OR INJURY

. COLORADOCARE MAY ASSERT A LIEN AGAINST ANY PROCEEDS

RECOVERED BY THE BENEFICIARY

(b)

COLORADOCARE MAY RECOVER HEALTH CARE PAYMENTS FROM ANY OTHER COLLATERAL SOURCE, SUCH AS A

HEALTH INSURANCE PLAN

, HEALTH BENEFIT PLAN, OR OTHER PAYOR THAT IS PRIMARY TO COLORADOCARE.

Section 12. Legislation. (1)

IN THE FIRST REGULAR SESSION OF THE GENERAL ASSEMBLY THAT CONVENES AFTER

THE EFFECTIVE DATE OF THIS ARTICLE

, THE GENERAL ASSEMBLY SHALL ENACT LEGISLATION:

(a)

TO ENABLE THE COLORADO DEPARTMENT OF REVENUE TO COLLECT AND TRANSFER TO COLORADOCARE THE

TAXES LEVIED PURSUANT TO SECTION

9 OF THIS ARTICLE. THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT

FUNDS TO THE DEPARTMENT OF REVENUE TO ENSURE THAT IT CAN BEGIN COLLECTING THESE TAXES ON AND AFTER

JULY 1

OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE

, AND TO ENSURE THAT FUNDS ARE TRANSFERRED TO

COLORADOCARE WITHIN TEN DAYS OF COLLECTION;

(b)

TO SUSPEND OPERATIONS OF THE COLORADO HEALTH BENEFIT EXCHANGE, TRANSFER ITS RESOURCES TO

COLORADOCARE PURSUANT TO SECTION 8 OF THIS ARTICLE, AND REPEAL ARTICLE 22 OF TITLE 10, COLORADO REVISED

STATUTES;

(c)

TO TRANSFER RESPONSIBILITY FOR ADMINISTERING THE MEDICAID PROGRAM AND THE CHILDREN'S BASIC HEALTH

PLAN TO COLORADOCARE;

(d)

TO TRANSFER RESPONSIBILITY FOR ADMINISTERING ANY OTHER STATE AND FEDERAL HEALTH CARE PROGRAMS TO

COLORADOCARE;

(e)

TO ENABLE COLORADOCARE TO RECEIVE THE APPROPRIATE FEDERAL FUND CONTRIBUTION IN LIEU OF THE

FEDERAL PREMIUM TAX CREDITS

, COST-SHARING SUBSIDIES, AND SMALL BUSINESS TAX CREDITS PROVIDED IN THE

AFFORDABLE CARE ACT;

(f)

TO REPEAL OR AMEND, AS APPROPRIATE, THOSE PROVISIONS OF THE "WORKERS' COMPENSATION ACT OF

COLORADO", ARTICLES 40 TO 47 OF TITLE 8, COLORADO REVISED STATUTES, AND ANY OTHER PROVISIONS OF LAW THAT

CONCERN THE PROVISION OF MEDICAL CARE FOR WORKERS WHO SUFFER INJURIES OR ILLNESSES ARISING OUT OF AND IN

THE COURSE OF THEIR EMPLOYMENT AND FOR THE PAYMENT OF PREMIUMS FOR MEDICAL BENEFITS

, WHETHER BY

EMPLOYERS OR INSURERS COVERED UNDER THE

WORKERS' COMPENSATION ACT, OR THAT OTHERWISE CONFLICT WITH

THIS ARTICLE

;

(g)

TO ENSURE THAT THE STATE'S EXPENDITURES FOR HEALTH CARE SERVICES, INCLUDING THE STATE'S

RESPONSIBILITY FOR PROVIDING MATCHING FUNDS FOR

MEDICAID AND OTHER FEDERALLY SUPPORTED HEALTH CARE

PROGRAMS

, DO NOT FALL BELOW THE EXPENDITURE LEVELS FOR HEALTH CARE SERVICES IN THE YEAR PRECEDING THE

EFFECTIVE DATE OF THIS ARTICLE

. THE BASE YEAR EXPENDITURE LEVELS SHALL BE ADJUSTED ANNUALLY FOR CHANGES IN

THE CONSUMER PRICE INDEX FOR THE

DENVER-BOULDER-GREELEY METROPOLITAN STATISTICAL AREA AND IN THE STATE'S

POPULATION

; AND

26 Amendment 69: Statewide Health Care System

(h) NECESSARY TO IMPLEMENT THIS ARTICLE.

(2)

THE LEGISLATION SPECIFIED IN PARAGRAPHS (b), (c) AND (d) OF SUBSECTION (1) OF THIS SECTION SHALL INCLUDE

THE TRANSFER OF ALL STATE AND FEDERAL FUNDS FOR THESE PROGRAMS TO

COLORADOCARE.

(3)

THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT FUNDS TO ENSURE A SMOOTH AND EFFICIENT TRANSFER

OF THE PROGRAMS SPECIFIED IN PARAGRAPHS

(b), (c) AND (d) OF SUBSECTION (1) OF THIS SECTION AND TO ENABLE THE

AGENCIES SPECIFIED IN SECTION

8(1) OF THIS ARTICLE TO ASSIST COLORADOCARE IN THE MANNER SPECIFIED BY THAT

SECTION

Section 13. Subject to Colorado sunshine laws. T

HE MEETINGS OF THE BOARD AND THE INTERIM BOARD ARE

SUBJECT TO ARTICLE

6 OF TITLE 24, COLORADO REVISED STATUTES, THE "COLORADO SUNSHINE ACT OF 1972", OR ITS

SUCCESSOR ACT

Section 14. Effective Date. T

HIS ARTICLE SHALL TAKE FULL FORCE AND EFFECT UPON THE GOVERNOR'S

PROCLAMATION PURSUANT TO SECTION

1, ARTICLE V OF THIS CONSTITUTION.

Section 15. Severability. I

F THE COURTS OF THIS STATE OR OF THE UNITED STATES DECLARE ANY SECTION,

PROVISION

, PARAGRAPH, CLAUSE, OR PART OF THIS ARTICLE UNCONSTITUTIONAL OR INVALID, THE DECISION OF THE COURT

AFFECTS ONLY THE SECTION

, PROVISION, PARAGRAPH, CLAUSE, OR PART DECLARED UNCONSTITUTIONAL OR INVALID AND

DOES NOT AFFECT ANY OTHER PART OF THIS ARTICLE

Section 16. Termination of ColoradoCare's Operations. (1)

IF THE BOARD DETERMINES THAT COLORADOCARE

HAS NOT RECEIVED THE WAIVERS

, EXEMPTIONS, AND AGREEMENTS FROM THE FEDERAL GOVERNMENT SUFFICIENT FOR ITS

FISCALLY SOUND OPERATION

, THE BOARD SHALL:

(a)

SHUT DOWN OPERATIONS AND RETURN UNUSED FUNDS;

(b)

NOTIFY THE GOVERNOR OF THE STATE OF COLORADO OF COLORADOCARE'S INABILITY TO FUNCTION; AND

(c)

NOTIFY THE REVISOR OF STATUTES IN WRITING OF THE DATE THE OPERATIONS ARE SHUT DOWN.

Amendment 70: State Minimum Wage 27

ANALYSES

TITLES AND TEXT

Amendment 70

State Minimum Wage

ANALYSIS

Amendment 70 proposes amending the Colorado Constitution to:

 increase the state minimum wage from $8.31 to $9.30 per hour beginning January 1, 2017;

 increase the minimum wage annually by $0.90 per hour beginning January 1, 2018, until it reaches

$12.00 per hour on January 1, 2020; and

 on January 1, 2021, and thereafter, adjust the minimum wage each year based on cost-of-living

increases.

Summary and Analysis

What is the minimum wage? The minimum wage is the lowest wage that can be paid to most workers.

The federal minimum wage is currently set at $7.25 per hour for most workers and $2.13 per hour for workers

who receive tips. It was last increased in 2009. Federal law allows states and cities to set a higher minimum

wage than the federal government.

What is Colorado's current minimum wage law? In 2006, Colorado voters adopted an amendment to the

state constitution that raised the minimum wage to $6.85 per hour on January 1, 2007, and required that

the minimum wage be adjusted each year up or down for changes in inflation, as measured by the Colorado

consumer price index (CPI). The CPI is a common measure for changes in the prices of goods and services,

such as food, housing, gasoline, and medical care. The Colorado Department of Labor and Employment sets the

state's minimum wage each January. It is currently set at $8.31 per hour for most workers. Colorado law does

not allow cities to set a higher minimum wage than the state.

The 2006 amendment also set the minimum wage for tipped workers at $3.02 less than the state minimum

wage. The minimum wage for tipped workers is currently $5.29 per hour plus tips. Some tipped workers, such as

servers and bartenders, may earn enough in tips to bring their hourly earnings above the state minimum wage,

while some may not earn enough in tips to reach it. When tipped workers do not earn enough, employers must

supplement their wages to ensure that they receive at least the state minimum wage.

The occupations of workers most likely to be paid minimum wage include retail salespeople, food service

workers, child care workers, janitors, and home health aides.

How does Amendment 70 change state law? Amendment 70 increases the state minimum wage to

$9.30 per hour on January 1, 2017, after which it increases annually by $0.90 per hour until it reaches $12.00 per

hour in 2020. Because the minimum wage for tipped workers remains at $3.02 less than the state minimum

wage, Amendment 70 increases the tipped minimum wage to $8.98 per hour plus tips by 2020. Beginning in

2021, the minimum wage is adjusted annually for increases in the CPI. Although Amendment 70 and current law

both use the CPI to adjust the minimum wage, Amendment 70 prevents a decrease in the minimum wage if the

cost of living falls.

For information on those issue committees that support or oppose the

measures on the ballot at the November 8, 2016, election, go to the

Colorado Secretary of State's elections center web site hyperlink for

ballot and initiative information:

http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html

28 Amendment 70: State Minimum Wage

Arguments For

1) Colorado's current minimum wage is too low to provide a basic standard of living for some workers.

Full-time workers making the minimum wage in Colorado earn approximately $17,285 annually, or about $300 per

week after taxes, and some rely on public assistance to make ends meet. While the minimum wage has

increased only 21 percent since 2007 (when the last voter-approved increase in the minimum wage went into

effect), prices for basic necessities such as health care and housing have increased more steeply. For example,

the overall average monthly rent price in the Denver metro area has increased about 37 percent, from

approximately $946 in 2007 to about $1,292 in 2015.

2) Raising the minimum wage may help businesses. Higher wages may improve employee productivity and

morale and reduce turnover. This is especially important for businesses that pay the minimum wage, as they tend

to have very high turnover. Hiring and training new employees can be very costly for businesses. Lower turnover

translates into more experienced, more productive workers and significant cost savings.

Arguments Against

1) Increasing the state minimum wage may actually hurt the very employees that the higher wage is meant to

help. If Amendment 70 passes, some workers earning the minimum wage may face lay-offs, reduced hours, or

fewer benefits. Also, workers seeking minimum wage employment may have a harder time finding work if

businesses make fewer minimum wage jobs available. Finally, businesses may choose to raise prices. Because

low-wage workers spend a higher percentage of their income on basic necessities like food, they are particularly

vulnerable to rising prices.

2) Increasing the state minimum wage may hurt small and family-owned businesses, particularly in rural

communities where the cost of living is lower and economic recovery has been slow compared with urban areas.

Businesses in rural communities have a harder time absorbing increases in costs and may struggle to pay higher

costs if the minimum wage increases, which may further distress the economy in rural Colorado.

Estimate of Fiscal Impact

State government spending. Amendment 70 will affect costs for several state government agencies. Any

state agency that pays an employee an hourly wage less than that required by Amendment 70 will experience an

incremental increase in staffing costs if Amendment 70 passes. The actual increase in state costs for each of

these agencies will depend on how the agencies, universities, and the legislature manage the increase. Their

options may include increasing state funding, increasing fees, raising prices, reducing workers' hours, or some

combination of these choices.

Local government impact. The fiscal impact of the measure on local governments has not been estimated.

Costs will increase for any local governments that currently pay workers at or near the minimum wage.

Amendment 70: State Minimum Wage 29

ANALYSES

TITLES AND TEXT

Amendment 70

State Minimum Wage

TITLE AND TEXT

The ballot title below is a summary drafted by the professional staff of the offices of the secretary of

state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot

title will not appear in the Colorado constitution. The text of the measure that will appear in the Colorado

constitution below was drafted by the proponents of the initiative. The initiated measure is included on the

ballot as a proposed change to current law because the proponents gathered the required amount of

petition signatures.

Ballot Title:

Shall there be an amendment to the Colorado constitution increasing the minimum wage to $9.30 per hour

with annual increases of $0.90 each January 1 until it reaches $12 per hour effective January 2020, and annually

adjusting it thereafter for cost-of-living increases?

Text of Measure:

Be it Enacted by the People of the State of Colorado:

SECTION 1. In the constitution of the state of Colorado, amend section 15 of article XVIII as follows:

Section 15. State minimum wage rate. Effective January 1, 200717, Colorado's minimum wage shall be IS

increased to $6.85 $9.30 per hour and shall be IS adjusted INCREASED annually BY $0.90 EACH JANUARY 1 UNTIL IT

REACHES $12 PER HOUR EFFECTIVE JANUARY 2020, AND THEREAFTER IS ADJUSTED ANNUALLY for inflation COST OF LIVING

INCREASES, as measured by the Consumer Price Index used for Colorado. This minimum wage shall be paid to

employees who receive the state or federal minimum wage. No more than $3.02 per hour in tip income may be

used to offset the minimum wage of employees who regularly receive tips.

This page intentionally left blank

Amendment 71: Requirements for Constitutional Amendments 31

ANALYSES

TITLES AND TEXT

Amendment 71

Requirements for Constitutional Amendments

ANALYSIS

Amendment 71 proposes amending the Colorado Constitution to:

 require that a certain number of signatures be gathered from each state senate district to place a

constitutional initiative on the ballot; and

 increase the percentage of votes required to adopt a constitutional amendment, except for

proposals that only repeal part of the state constitution.

Summary and Analysis

Background. In Colorado, citizens have the power to propose changes to the state constitution and statutes

through the citizen-initiative process. Under this process, proponents must collect a certain number of signatures

to place an initiative on the ballot. The state legislature may refer constitutional changes to the voters with a

two-thirds vote of both houses. State statutes can be changed by the legislature without a vote of the people, but

amending the constitution, whether by citizen initiative or legislative referendum, requires a majority of the votes

cast in an election.

In order to place a citizen initiative on the ballot to change the constitution or state statutes, proponents must

collect enough signatures to equal at least 5 percent of the votes cast in the most recent election for Secretary of

State. In 2016, this requirement is 98,492 signatures. Proponents have up to six months to gather and submit

signatures to the Secretary of State's Office for verification.

Changes under Amendment 71. Amendment 71 adds a requirement that signatures be collected statewide

for the citizen-initiative process and increases the percentage of votes required to adopt changes to the

constitution in most situations. Amendment 71 does not alter the process or requirements for citizen initiatives

that propose changes to state statutes.

Signature requirements. Amendment 71 creates an additional signature-gathering requirement to place a

constitutional initiative on the ballot. Of the total required signatures, some must be collected from each of the

state's 35 senate districts in an amount of at least 2 percent of the registered voters in each district.

Table 1 shows a sample of state senate districts and the minimum number of signatures that would be

needed to place a measure on the ballot under Amendment 71, based on the 2 percent requirement and the

number of registered voters in these districts.

Table 1

Sample Signature Collection Requirements

Under Amendment 71, as of May 1, 2016

State Senate

District

Location

Number of

Registered

Voters

2 Percent of

Registered

Voters

District 1 11 counties in northeast Colorado 90,983 1,820

District 7 Mesa County 110,167 2,203

District 20 a portion of Jefferson County 118,644 2,373

District 29 a portion of Arapahoe County 82,963 1,659

District 35 16 counties in south and southeast Colorado 88,962 1,779

Source: Colorado Secretary of State’s Office with Legislative Council Staff calculations.

32 Amendment 71: Requirements for Constitutional Amendments

Percent of vote required to adopt changes to the constitution. Under current law, changes to the constitution

require a simple majority of all votes cast, or 50 percent plus one vote. Amendment 71 changes this requirement

to 55 percent of all votes cast, except when a proposed amendment repeals rather than changes part of the

constitution, in which case a simple majority of votes is required.

For information on those issue committees that support or oppose the

measures on the ballot at the November 8, 2016, election, go to the

Colorado Secretary of State's elections center web site hyperlink for

ballot and initiative information:

http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html

Arguments For

1) It should be difficult to change the constitution because it is a foundational document for the state.

Because the current requirements for proposing and adopting constitutional and statutory amendments are the

same, the constitution has seen the addition of detailed provisions that cannot be changed without an election.

Amendment 71 is expected to encourage citizen-initiated changes to law in statute by making it harder to amend

the constitution. Statutory changes allow the legislature to react when laws require clarification or when problems

or unforeseen circumstances arise.

2) Requiring that signatures for constitutional initiatives be gathered from each state senate district ensures

that citizens from across the state have a say in which measures are placed on the ballot. Due to the relative

ease of collecting signatures in heavily populated urban areas compared to sparsely populated rural areas, rural

citizens currently have a limited voice in determining which issues appear on the ballot.

Arguments Against

1) Amendment 71 makes it too difficult for citizens to exercise their right to initiate constitutional changes.

Sometimes the will of the people or issues of broad public interest are not adequately addressed by the political

process. While statutory changes may be amended or repealed without the approval of the voters, the power to

amend the Colorado constitution lies solely with its citizens. It is critical to preserve the current process and to

protect the rights of citizens to change the constitution.

2) Requiring proponents to collect signatures statewide for proposed constitutional changes makes the

process of placing an amendment on the ballot even more difficult and costly. Amendment 71 unduly restricts

ballot access for average Coloradans, leaving an important democratic tool accessible only to those able to bear

the higher costs associated with a complicated signature-gathering process.

Estimate of Fiscal Impact

State government spending. Amendment 71 will increase costs for the Secretary of State's Office to

implement the changes.

Amendment 71: Requirements for Constitutional Amendments 33

ANALYSES

TITLES AND TEXT

Amendment 71

Requirements for Constitutional Amendments

TITLE AND TEXT

The ballot title below is a summary drafted by the professional staff of the offices of the secretary of

state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot

title will not appear in the Colorado constitution. The text of the measure that will appear in the Colorado

constitution below was drafted by the proponents of the initiative. The initiated measure is included on the

ballot as a proposed change to current law because the proponents gathered the required amount of

petition signatures.

Ballot Title:

Shall there be an amendment to the Colorado constitution making it more difficult to amend the Colorado

constitution by requiring that any petition for a citizen-initiated constitutional amendment be signed by at least two

percent of the registered electors who reside in each state senate district for the amendment to be placed on the

ballot and increasing the percentage of votes needed to pass any proposed constitutional amendment from a

majority to at least fifty-five percent of the votes cast, unless the proposed constitutional amendment only repeals,

in whole or in part, any provision of the constitution?

Text of Measure:

Be it Enacted by the People of the State of Colorado:

SECTION 1. In the constitution of the state of Colorado, Section 1(4) of article V is amended and said section

1 is further amended

BY THE ADDITION OF A NEW SUBSECTION, to read:

Section 1. General assembly - initiative and referendum.

(2.5)

IN ORDER TO MAKE IT MORE DIFFICULT TO AMEND THIS CONSTITUTION, A PETITION FOR AN INITIATED

CONSTITUTIONAL AMENDMENT SHALL BE SIGNED BY REGISTERED ELECTORS WHO RESIDE IN EACH STATE SENATE DISTRICT

COLORADO IN AN AMOUNT EQUAL TO AT LEAST TWO PERCENT OF THE TOTAL REGISTERED ELECTORS IN THE SENATE

DISTRICT PROVIDED THAT THE TOTAL NUMBER OF SIGNATURES OF REGISTERED ELECTORS ON THE PETITION SHALL AT

LEAST EQUAL THE NUMBER OF SIGNATURES REQUIRED BY SUBSECTION

(2) OF THIS SECTION. FOR PURPOSES OF THIS

SUBSECTION

(2.5), THE NUMBER AND BOUNDARIES OF THE SENATE DISTRICTS AND THE NUMBER OF REGISTERED

ELECTORS IN THE SENATE DISTRICTS SHALL BE THOSE IN EFFECT AT THE TIME THE FORM OF THE PETITION HAS BEEN

APPROVED FOR CIRCULATION AS PROVIDED BY LAW

(4) (a) The veto power of the governor shall not extend to measures initiated by or referred to the people. All

elections on measures initiated by or 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

OR, IF APPLICABLE THE NUMBER OF VOTES REQUIRED PURSUANT TO PARAGRAPH (b)

OF THIS SUBSECTION

(4), 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 power to enact any

measure.

(b)

IN ORDER TO MAKE IT MORE DIFFICULT TO AMEND THIS CONSTITUTION, AN INITIATED CONSTITUTIONAL AMENDMENT

SHALL NOT BECOME PART OF THIS CONSTITUTION UNLESS THE AMENDMENT IS APPROVED BY AT LEAST FIFTY

-FIVE PERCENT

OF THE VOTES CAST THEREON

; EXCEPT THAT THIS PARAGRAPH (b) SHALL NOT APPLY TO AN INITIATED CONSTITUTIONAL

AMENDMENT THAT IS LIMITED TO REPEALING

, IN WHOLE OR IN PART, ANY PROVISION OF THIS CONSTITUTION.

SECTION 2. In the constitution of the state of Colorado, Section 2(1) of article XIX is amended to read:

Section 2. Amendments to constitution - how adopted. (1) (a) Any amendment or amendments to this

constitution may be proposed in either house of the general assembly, and, if the same shall be voted for

by two-thirds of all the members elected to each house, such proposed amendment or amendments, together

34 Amendment 71: Requirements for Constitutional Amendments

with the ayes and noes of each house thereon, shall be entered in full on their respective journals. The proposed

amendment or amendments shall be published with the laws of that session of the general assembly. At the next

general election for members of the general assembly, the said amendment or amendments shall be submitted to

the registered electors of the state for their approval or rejection, and such as are approved by a majority of those

voting thereon

OR, IF APPLICABLE THE NUMBER OF VOTES REQUIRED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION

(1), shall become part of this constitution.

(b)

IN ORDER TO MAKE IT MORE DIFFICULT TO AMEND THIS CONSTITUTION, A CONSTITUTIONAL AMENDMENT SHALL NOT

BECOME PART OF THIS CONSTITUTION UNLESS THE AMENDMENT IS APPROVED BY AT LEAST FIFTY

-FIVE PERCENT OF THE

VOTES CAST THEREON

; EXCEPT THAT THIS PARAGRAPH (b) SHALL NOT APPLY TO A CONSTITUTIONAL AMENDMENT THAT IS

LIMITED TO REPEALING

, IN WHOLE OR IN PART, ANY PROVISION OF THIS CONSTITUTION.

Amendment 72: Increase Cigarette and Tobacco Taxes 35

ANALYSES

TITLES AND TEXT

Amendment 72

Increase Cigarette and Tobacco Taxes

ANALYSIS

Amendment 72 proposes amending the Colorado Constitution to:

 increase the state tax on a pack of cigarettes from $0.84 to $2.59;

 increase the state tax on other tobacco products from 40 percent to 62 percent of the price; and

 distribute the new tax money for medical research, tobacco-use prevention, doctors and clinics in

rural or low-income areas, veterans' services, and other health-related programs.

Summary and Analysis

Existing taxes on cigarettes. The federal government collects a tax of $1.01 on each pack of 20 cigarettes.

Additionally, every state collects a cigarette tax. Colorado's cigarette tax is 84 cents per pack. Of this amount,

64 cents is required to be spent on health-related programs identified in the Colorado Constitution, including

Medicaid, children's health care, tobacco education programs, and disease prevention and treatment. The

remaining 20 cents is spent on various state government programs. Local governments may choose not to

collect a cigarette tax in order to receive a share of state revenue. Since 1973, no local government has collected

a cigarette tax.

Existing taxes on other tobacco products. Both the federal and state government collect taxes on

non-cigarette tobacco products, including cigars, pipe tobacco, snuff, dip, and chewing tobacco. Existing taxes do

not apply to e-cigarettes. The federal tax is calculated according to the product's weight or price. Colorado's

state tax is equal to 40 percent of the manufacturer's list price of the product. Of this amount, half is spent on the

same health programs as the cigarette tax, and half is spent on other state government programs. Some local

governments collect sales taxes on tobacco products.

Existing cigarette and other tobacco taxes. Colorado collected about $200.3 million from cigarette and

tobacco taxes in state budget year 2015-16. Of this amount, $143.7 million was spent on health-related programs

as required in the Colorado Constitution, and $56.6 million was spent on other state and local government

programs.

State sales taxes are collected on some services and most goods, including cigarettes and tobacco products.

Sales taxes are spent on the state's general operating budget.

Additional taxes on cigarettes and tobacco products in Amendment 72. The measure increases the

cigarette tax by $1.75 per pack of 20 cigarettes and the tax on other tobacco products by 22 percent of the

manufacturer's list price. The tax increase will take effect on January 1, 2017. Neither the existing taxes nor the

additional taxes in Amendment 72 apply to e-cigarettes. Revenue from the new taxes is exempt from the state's

constitutional revenue limit.

Distribution of new tax revenue in Amendment 72. The distribution of the money generated from the

additional taxes is shown in Table 1.

36 Amendment 72: Increase Cigarette and Tobacco Taxes

Table 1

Distribution of Money Generated From Additional Taxes Under Amendment 72

Purpose Distribution

Spending on health-related programs funded by previously

approved tobacco taxes, including Medicaid, children's

health care, tobacco education programs, and disease

prevention and treatment

18%, up to $36 million annually.

Any amount over $36 million will be distributed

proportionally to the other uses

Research grants to study tobacco-related health issues

27%

Education and prevention, and other programs encouraging

people to stop using tobacco

16%

Grants to improve health, find employment, and prevent

homelessness for veterans

14%

Grants for child and adolescent mental health and

substance abuse prevention and treatment

10%

Construction or improvements to community health centers

or providers that serve predominantly low income patients

10%

Student loan repayment and training for health care

professionals working in rural or underserved areas of the

state

Amendment 72 requires the state legislature to maintain 2016 funding levels for existing health-related

programs in Table 1 and use the new tax revenue to expand the existing programs.

For information on those issue committees that support or oppose the

measures on the ballot at the November 8, 2016, election, go to the

Colorado Secretary of State's elections center web site hyperlink for

ballot and initiative information:

http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html

Arguments For

1) Higher prices for cigarettes and tobacco products have been shown to deter smoking and tobacco use,

especially among children and young adults. When cigarette taxes were last increased in 2005, the number of

cigarettes consumed per person in Colorado fell by 12.6 percent. Tobacco use is a leading cause of preventable

diseases like cancer, and heart and lung disease, contributing to 5,100 deaths in Colorado per year. Reducing

smoking and tobacco use will improve the health of Colorado residents.

2) Dedicating cigarette and tobacco tax revenue to health care and research is an important way to offset the

health care burden and cost tobacco use places on the state. Tobacco use increases direct health care costs in

Colorado by an estimated $1.9 billion annually, with additional health care costs related to secondhand smoke.

The revenue from the proposed tax increase will fund health programs, research, and benefits for Colorado

veterans, people with mental health diagnoses, and rural health care providers.

Arguments Against

1) Amendment 72 is a $315.7 million tax increase. The measure creates a constitutional requirement that

revenue from the new taxes be spent on specific programs, even if these programs are ineffective at reducing the

cost of tobacco use. Unless voters approve another constitutional change, the spending priorities in the measure

will receive taxpayer funding indefinitely. As tobacco use declines, Amendment 72 will lock in state spending on

unnecessary programs even when new needs are identified in the state budget.

Amendment 72: Increase Cigarette and Tobacco Taxes 37

ANALYSES

TITLES AND TEXT

2) Tripling the tax on cigarettes impacts low-income tobacco users the most. Recent studies have

shown that people with lower incomes are more likely to use tobacco products and less able to afford a tax

increase. Nationally, more than a quarter of people in poverty smoke cigarettes, and tobacco users with

low incomes spend about 14 percent of their household income on tobacco products. Because these

products are addictive, tobacco users may continue using tobacco even after taxes are increased.

Low-income tobacco users who are unable to quit will subsidize programs that benefit non-tobacco users,

taking money out of already tight household budgets.

Estimate of Fiscal Impact

State revenue and spending. Amendment 72 is expected to increase new state tax revenue by

$315.7 million in state budget year 2017-18, the first full year in which the new tax will be in effect. The

higher cost of cigarettes is expected to reduce tobacco consumption and revenue from existing taxes by

$16.7 million. The net impact to state revenue under Amendment 72 is expected to be $299.0 million in state

budget year 2017-18. The amendment outlines how the new revenue from the tax increase must be spent,

shown below in Table 2. All of these programs will be administered by either the Colorado Department of Public

Health and Environment or the Department of Health Care Policy and Financing.

Table 2

Estimated Revenue from Additional Taxes Under Amendment 72

State Budget Year 2017-18

Purpose Estimated Amount

Spending on health-related programs funded by previously approved tobacco

taxes, including Medicaid, children's health care, tobacco education programs,

and disease prevention and treatment

$36 million

Research grants to study tobacco-related health issues

$92 million

Education and prevention, and other programs encouraging people to stop

using tobacco

$55 million

Grants to improve health, find employment, and prevent homelessness for

veterans

$48 million

Grants for child and adolescent mental health and substance abuse prevention

and treatment

$34 million

Construction or improvements to community health centers or providers that

serve predominantly low income patients

$34 million

Student loan repayment and training for health care professionals working in

rural or underserved areas of the state

$17 million

Because Amendment 72 takes effect January 1, 2017, state revenue will increase by approximately

$149.5 million, and costs will increase in the Colorado Department of Public Health and Environment, the

Department of Health Care Policy and Financing, and the Department of Revenue in budget year 2016-17.

State Spending and Tax Increases

Article X, Section 20 of the Colorado Constitution requires that the following fiscal information be provided

when a tax increase question is on the ballot:

• estimates or actual amounts of state fiscal year spending for the current year and each of the past

four years with the overall percentage and dollar change; and

• for the first full year of the proposed tax increase, an estimate of the maximum dollar amount of the tax

increase and of state fiscal year spending without the increase.

38 Amendment 72: Increase Cigarette and Tobacco Taxes

"State fiscal year spending" is a legal term in the Colorado Constitution. It equals the amount of revenue

subject to the constitutional spending limit that the state is permitted to keep and either spend or save for a single

year. Table 3 shows state fiscal year spending from FY 2012-13 through FY 2016-17.

Table 3

State Fiscal Year Spending, FY 2012-13 to FY 2016-17

Actual

FY 2012-13

Actual

FY 2013-14

Actual

FY 2014-15

Preliminary

FY 2015-16

Estimated

FY 2016-17

Fiscal Year

Spending

$11.11

billion

$11.69

billion

$12.36

billion

$12.90

billion

$13.08

billion

Four-Year Dollar Change in State Fiscal Year Spending: $1.97 billion

Four-Year Percent Change in State Fiscal Year Spending: 17.7 percent

*FY = fiscal year. The state's fiscal (or budget) year begins on July 1.

Table 4 shows the revenue expected from the new tax, and state fiscal year spending without the tax, for

FY 2017-18, the first full fiscal year for which the increase would be in place.

Table 4

State Fiscal Year Spending and

the Proposed Cigarette and Tobacco Tax Increase

FY 2017-18 Estimate

State Fiscal Year Spending $16.01 billion

Revenue from the New Tax $315.7 million

Amendment 72: Increase Cigarette and Tobacco Taxes 39

ANALYSES

TITLES AND TEXT

Amendment 72

Increase Cigarette and Tobacco Taxes

TITLE AND TEXT

The ballot title below is a summary drafted by the professional staff of the offices of the secretary of

state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot

title will not appear in the Colorado constitution. The text of the measure that will appear in the Colorado

constitution below was drafted by the proponents of the initiative. The initiated measure is included on the

ballot as a proposed change to current law because the proponents gathered the required amount of

petition signatures.

Ballot Title:

HALL STATE TAXES BE INCREASED $315.7 MILLION ANNUALLY BY AN AMENDMENT TO THE COLORADO CONSTITUTION

INCREASING TOBACCO TAXES

, AND, IN CONNECTION THEREWITH, BEGINNING JANUARY 1, 2017, INCREASING TAXES ON

CIGARETTES BY

8.75 CENTS PER CIGARETTE ($1.75 PER PACK OF 20 CIGARETTES) AND ON OTHER TOBACCO PRODUCTS BY

22 PERCENT OF THE MANUFACTURER'S LIST PRICE; AND ALLOCATING SPECIFIED PERCENTAGES OF THE NEW TOBACCO TAX

REVENUE TO HEALTH

-RELATED PROGRAMS AND TOBACCO EDUCATION, PREVENTION, AND CESSATION PROGRAMS

CURRENTLY FUNDED BY EXISTING CONSTITUTIONAL TOBACCO TAXES

; AND ALSO ALLOCATING NEW REVENUE FOR

TOBACCO

-RELATED HEALTH RESEARCH, VETERANS' PROGRAMS, CHILD AND ADOLESCENT BEHAVIORAL HEALTH,

CONSTRUCTION AND TECHNOLOGY IMPROVEMENTS FOR QUALIFIED HEALTH PROVIDERS

, EDUCATIONAL LOAN REPAYMENT

FOR HEALTH PROFESSIONALS IN RURAL AND UNDERSERVED AREAS

, AND HEALTH PROFESSIONAL TRAINING TRACKS?

Text of Measure:

Be it Enacted by the People of the State of Colorado:

Section 1. In the constitution of the state of Colorado, section 21 of article X, add (10) as follows:

Section 21. Tobacco Taxes for Health Related Purposes. (10) (a) T

HE PEOPLE OF COLORADO HEREBY

FURTHER FIND THAT

(I) T

OBACCO PRODUCT SALES IN THE STATE OF COLORADO HAVE INCREASED;

(II) C

OLORADO'S NEED TO DETER CHILDREN AND YOUNG ADULTS FROM STARTING SMOKING IS AS CRITICAL AS EVER;

(III) C

OLORADO NOW SPENDS LESS THAN HALF OF THE CENTERS FOR DISEASE CONTROL RECOMMENDED LEVEL ON

TOBACCO EDUCATION AND CESSATION PROGRAMS

;

(IV) S

MOKING ADVERSELY AFFECTS THE WELFARE OF COLORADANS DIRECTLY AND INDIRECTLY AND, WITHOUT

FURTHER ACTION

, WILL DO SO NOW AND IN THE FUTURE; AND

(V) I

T IS IN THE COLLECTIVE INTEREST OF ALL COLORADANS TO RAISE TOBACCO TAXES AND COMPETITIVELY AWARD

TOBACCO TAX REVENUES TO ENHANCE THE PHYSICAL AND BEHAVIORAL HEALTH OF OUR POPULATION

, TO FUND RESEARCH

TO PREVENT AND CURE DISEASES SUCH AS CANCER

, EMPHYSEMA, AND ALZHEIMER'S, AND TO PROVIDE PROGRAMS THAT

WILL ENHANCE THE WELL

-BEING OF VETERANS, AS WELL AS THOSE WHO LIVE IN RURAL AND UNDERSERVED AREAS OF OUR

STATE

(b) T

HERE ARE HEREBY IMPOSED THE FOLLOWING ADDITIONAL CIGARETTE AND TOBACCO TAXES, WHICH SHALL BE IN

ADDITION TO THE INCREASED RATES BY SUBSECTION

(2) OF THIS SECTION:

(I) A

STATEWIDE CIGARETTE TAX, ON THE SALE OF CIGARETTES BY WHOLESALERS, AT EIGHT AND THREE-QUARTERS

CENTS PER CIGARETTE

($1.75 PER PACK OF TWENTY); AND

(II)

A STATEWIDE TOBACCO PRODUCTS TAX, ON THE SALE, USE, CONSUMPTION, HANDLING, OR DISTRIBUTION OF

TOBACCO PRODUCTS BY DISTRIBUTORS

, AT TWENTY-TWO PERCENT OF THE MANUFACTURER'S LIST PRICE.

40 Amendment 72: Increase Cigarette and Tobacco Taxes

CIGARETTE AND TOBACCO TAXES EXISTING AS OF THE EFFECTIVE DATE OF THIS SUBSECTION ON THE SALE OR USE OF

CIGARETTES BY WHOLESALERS AND ON THE SALE

, USE, CONSUMPTION, HANDLING, OR DISTRIBUTION OF TOBACCO

PRODUCTS BY DISTRIBUTORS

. SUCH EXISTING TAXES AND THEIR DISTRIBUTION SHALL NOT BE REPEALED OR REDUCED BY

THE GENERAL ASSEMBLY

(d) T

HE REVENUES GENERATED BY OPERATION OF THIS SUBSECTION (10)(b) SHALL BE APPROPRIATED AS FOLLOWS:

(I) E

IGHTEEN PERCENT OF THE REVENUES COLLECTED UNDER THIS SUBSECTION, UP TO THIRTY-SIX MILLION DOLLARS

ANNUALLY

, SHALL BE ALLOCATED UNDER THE FORMULA FOR PROGRAMS SET FORTH IN SUBSECTION (5); PROVIDED,

HOWEVER

, ANY AMOUNT OVER THIRTY-SIX MILLION DOLLARS THAT WOULD OTHERWISE BE APPROPRIATED FOR THIS

PURPOSE

, BASED ON THIS EIGHTEEN PERCENT ALLOCATION, SHALL BE DISTRIBUTED PROPORTIONATELY ACCORDING TO

THE RELATIVE DISTRIBUTION OF REVENUES PROVIDED BY SUBSECTION

(10)(d)(II) (A)-(F).

(II) I

N LIGHT OF THE ALLOCATION OF EIGHTEEN PERCENT OF REVENUES COLLECTED UNDER THIS SUBSECTION AS

PROVIDED IN SUBSECTION

(10)(d)(I), THE REMAINING REVENUES COLLECTED UNDER THIS SUBSECTION (10) SHALL BE

APPROPRIATED IN THE FOLLOWING AMOUNTS

(A) S

IXTEEN PERCENT FOR TOBACCO EDUCATION, PREVENTION, AND CESSATION IN THE SAME MANNER AS THE

REVENUE PROVIDED BY SUBSECTION

(5)(c) OF THIS SECTION.

(B) T

WENTY-SEVEN PERCENT FOR TOBACCO-RELATED RESEARCH INTO CARDIOVASCULAR AND PULMONARY DISEASES,

CANCER

, ALZHEIMER'S DISEASE, BEHAVIORAL HEALTH, MATERNAL HEALTH, AND EARLY CHILDHOOD DEVELOPMENT TO BE

ADMINISTERED BY THE

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, OR ITS SUCCESSOR AGENCY,

WHICH SHALL ESTABLISH FOR THIS PURPOSE GRANT

-MAKING GUIDELINES AFTER CONSULTING WITH RESEARCH

INSTITUTIONS THAT ARE RECOGNIZED AS AUTHORITIES IN THESE RESEARCH AREAS AND THAT SPECIALIZE IN SUCH

RESEARCH

. BASED ON SUCH GUIDELINES, GRANTS FROM THESE REVENUES SHALL BE AWARDED FOR IN-STATE RESEARCH

COLORADO ENTITIES ON THE BASIS OF SCIENTIFIC MERIT AS DETERMINED BY AN OPEN, COMPETITIVE PEER REVIEW

PROCESS THAT ASSURES OBJECTIVITY

, CONSISTENCY, AND HIGH QUALITY RESEARCH AND ALSO EMPLOYS

CONFLICT

-OF-INTEREST STANDARDS THAT REPRESENT BEST PRACTICES AS UTILIZED IN THE COMPETITION FOR AND AWARD

OF FEDERAL GRANTS IN THIS FIELD

OURTEEN PERCENT FOR VETERANS' PROGRAMS TO ASSIST WITH THEIR WELL-BEING, INCLUDING PHYSICAL AND

BEHAVIORAL HEALTH

, SERVICES TO RURAL VETERANS, HOMELESSNESS PREVENTION, AND EMPLOYMENT TRANSITION

SERVICES THROUGH PROGRAMS TO BE ADMINISTERED BY THE

COLORADO DEPARTMENT OF PUBLIC HEALTH AND

ENVIRONMENT

, OR ITS SUCCESSOR AGENCY. THE DEPARTMENT SHALL CONSULT WITH, AND CONSIDER THE EXPERTISE AND

RECOMMENDATIONS OF NONPROFIT VETERANS SERVICE ORGANIZATIONS TO DETERMINE SERVICE PRIORITIES AND DEVELOP

THE GRANT

-MAKING PROCESS.

(D) T

EN PERCENT FOR CHILD AND ADOLESCENT BEHAVIORAL HEALTH INCLUDING EVIDENCE-BASED PREVENTION,

EARLY INTERVENTION

, AND TREATMENT PROGRAMS TO BE ADMINISTERED BY THE COLORADO DEPARTMENT OF PUBLIC

HEALTH AND ENVIRONMENT

, OR ITS SUCCESSOR AGENCY, THROUGH A GRANT-MAKING PROCESS.

(E) T

EN PERCENT FOR CONSTRUCTION, IMPROVEMENT, AND NEW TECHNOLOGIES FOR ANY QUALIFIED PROVIDER, AS

DEFINED IN SECTION

25.5-3-301, COLORADO REVISED STATUTES, OR ANY SUCCESSOR ACT, THAT MEETS EITHER OF THE

FOLLOWING CRITERIA

: IS A COMMUNITY HEALTH CENTER AS DEFINED IN SECTION 330 OF THE PUBLIC HEALTH SERVICE

ACT OR ANY SUCCESSOR ACT; OR AT LEAST FIFTY PERCENT OF THE PATIENTS SERVED BY THE QUALIFIED PROVIDER ARE

UNINSURED OR MEDICALLY INDIGENT AS DEFINED IN THE

COLORADO MEDICAL ASSISTANCE ACT OR ANY SUCCESSOR ACT,

OR ARE ENROLLED IN THE CHILDREN

'S BASIC HEALTH PLAN OR THE COLORADO MEDICAL ASSISTANCE PROGRAM OR

SUCCESSOR PROGRAMS

UCH REVENUES SHALL BE APPROPRIATED TO THE COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING,

OR ITS SUCCESSOR AGENCY

, FOR THE PURPOSE OF FUNDING COLORADO HEALTH SAFETY NET INFRASTRUCTURE

IMPROVEMENTS

, INCLUDING ALTERATION AND RENOVATION, CONSTRUCTION, EQUIPMENT-ONLY PURCHASES, AND HEALTH

INFORMATION TECHNOLOGY

-RELATED HARDWARE AND SOFTWARE.

(F) F

IVE PERCENT FOR EDUCATIONAL LOAN REPAYMENT FOR HEALTH PROFESSIONALS WHO WORK IN RURAL AND

UNDERSERVED AREAS OF THE STATE THROUGH THE COLORADO HEALTH SERVICES CORPS

, OR SUCCESSOR PROGRAM, AND

PROFESSIONAL TRAINING TRACKS FOR PHYSICIANS AT TEACHING HEALTH CENTERS

, DENTISTS, PEDIATRIC RESIDENCIES,

Amendment 72: Increase Cigarette and Tobacco Taxes 41

ANALYSES

TITLES AND TEXT

PEDIATRIC PSYCHOLOGY FELLOWSHIPS, AND COMMUNITY DENTAL HEALTH COORDINATORS THROUGH PROGRAMS TO

BE ADMINISTERED BY THE

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, OR ITS SUCCESSOR

AGENCY

(e) T

HE LEGISLATIVE RESEARCH OFFICES OF THE GENERAL ASSEMBLY SHALL ANNUALLY PUBLISH ON AN EASILY

IDENTIFIED PORTION OF THE GENERAL ASSEMBLY

'S WEBSITE THE NAMES OF ALL PROGRAMS FUNDED UNDER THIS

SUBSECTION

(10) FOR THE PREVIOUS FISCAL YEAR, THE AMOUNTS APPROPRIATED FROM THE TAXES GENERATED BY

THIS SUBSECTION

(10) FOR SUCH PROGRAMS, AND THE PURPOSES OF THE EXPENDITURES.

(f) A

LL REVENUES RECEIVED BY OPERATION OF THIS SUBSECTION (10) SHALL BE EXCLUDED FROM FISCAL YEAR

SPENDING

, AS THAT TERM IS DEFINED IN SECTION 20 OF ARTICLE X OF THIS CONSTITUTION, AND THE

CORRESPONDING SPENDING LIMITS UPON STATE GOVERNMENT AND ALL LOCAL GOVERNMENTS RECEIVING SUCH

REVENUES

(g) R

EVENUES APPROPRIATED PURSUANT TO PARAGRAPHS (10)(d)(II) (B)-(F) OF SUBSECTION (10) SHALL BE USED TO

SUPPLEMENT REVENUES THAT ARE APPROPRIATED BY THE GENERAL ASSEMBLY AS OF

JANUARY 1, 2016, AND SHALL NOT

BE USED TO SUPPLANT THOSE APPROPRIATED REVENUES

(h) T

HE GENERAL ASSEMBLY MAY ENACT SUCH LEGISLATION AS WILL FACILITATE IMPLEMENTATION OF THIS INITIATIVE.

(i) T

HIS SUBSECTION (10) IS EFFECTIVE JANUARY 1, 2017.

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Proposition 106: Access to Medical Aid-in-Dying Medication 43

ANALYSES

TITLES AND TEXT

Proposition 106

Access to Medical Aid-in-Dying Medication

ANALYSIS

Proposition 106 proposes amending the Colorado statutes to:

♦ allow a terminally ill individual with a prognosis of six months or less to live to request and

self-administer medical aid-in-dying medication in order to voluntarily end his or her life;

♦ authorize a physician to prescribe medical aid-in-dying medication to a terminally ill individual under

certain conditions; and

♦ create criminal penalties for tampering with a person's request for medical aid-in-dying medication or

knowingly coercing a person with a terminal illness to request the medication.

Summary and Analysis

Proposition 106 creates the "Colorado End-of-Life Options Act," which allows individuals with a terminal

illness to request from their physician and self-administer medical aid-in-dying medication (medication). To be

eligible to request medication, the individual must:

• be a Colorado resident aged 18 or older;

• be able to make and communicate an informed decision to health care providers;

• have a terminal illness with a prognosis of six months or less to live (terminally ill) that has been

confirmed by two physicians, including the individual's primary physician and a second, consulting

physician;

• be determined mentally capable by two physicians, who have concluded that the individual understands

the consequences of his or her decision; and

• voluntarily express his or her wish to receive the medication.

Request process. To receive the medication, the individual must make two oral requests, at least 15 days

apart, and one written request in a specific form to his or her primary physician. The written request must be

witnessed by at least two other persons who attest that the requesting individual is mentally capable, acting

voluntarily, and not being coerced into signing the request. One witness may not be a relative of the individual; an

heir; or an owner, operator, or employee of a health care facility where the individual is receiving medical

treatment or is a resident. Neither the primary physician nor the individual's qualified power of attorney or durable

medical power of attorney, may be a witness to a written request.

Physician requirements. The primary physician is required to document that an individual requesting the

medication is terminally ill and meets all other eligibility criteria. The primary physician must provide full and

specific information to the individual about his or her diagnosis and prognosis; alternatives or additional treatment

opportunities, such as hospice or palliative care; and the potential risks and probable results associated with

taking the medication. The primary physician must also inform the individual that he or she may obtain, but

choose not to use the medication and may withdraw his or her request at any time. The primary physician must

confirm, in private with the individual, that his or her request to receive medication was not coerced or influenced

by any other person and is required to refer the individual to a consulting physician to confirm that the individual

meets all eligibility criteria.

If either a primary or consulting physician believes the individual is not mentally capable of making an

informed decision about receiving the medication, that physician must refer the individual to a licensed

psychiatrist or a licensed psychologist before the request process may proceed. This mental health professional

must communicate his or her findings in writing to the referring physician. If a person is found to be mentally

incompetent, he or she is no longer eligible for medical aid-in-dying.

44 Proposition 106: Access to Medical Aid-in-Dying Medication

Dispensing of medical aid-in-dying medication. Medication may be dispensed when two physicians agree

on the individual's prognosis. Immediately prior to writing a prescription for the medication, the primary physician

must verify that the individual is making an informed decision and that the process has been completed properly.

Health care providers, including physicians and pharmacists, who dispense medication are required to file a copy

of the dispensing record with the state. Unused medication must be returned to the primary physician or to any

other state or federally approved medication take-back program.

Death certificates. The death certificate of an individual who uses the medication must be signed by the

primary physician or hospice medical director and must list the underlying terminal illness as the cause of death.

Deaths resulting from medical aid-in-dying are not subject to automatic investigation by the county coroner.

Voluntary participation by health care providers. Physicians and pharmacists are not obligated to

prescribe or dispense the medication. If a health care provider is unable or unwilling to carry out an eligible

individual's request for the medication and the individual transfers to a new provider, the initial provider is required

to coordinate the transfer of medical records to the new provider. A health care facility may prohibit a physician

employed or under contract with the facility from prescribing medication to an individual who intends to use the

medication on the facility's premises. The facility must provide advance written notice of its policy to the physician

and its patients. A health care facility may not discipline a physician, nurse, pharmacist, or other person for

actions taken in good faith or for refusing to participate in any way.

Civil and criminal penalties. The measure creates a class 2 felony for tampering with a request for

medication or knowingly coercing a terminally ill person to request the medication. Persons are immune from civil

or criminal liability or professional disciplinary action unless they act with negligence, recklessness, or intentional

misconduct.

Insurance, wills, contracts, and claims. Requesting or self-administering the medication does not affect a

life, health, or accident insurance policy or an annuity, and nothing in the measure affects advance medical

directives. Insurers may not issue policies with conditions about whether or not individuals may request

medication.

For information on those issue committees that support or oppose the

measures on the ballot at the November 8, 2016, election, go to the

Colorado Secretary of State's elections center web site hyperlink for

ballot and initiative information:

http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html

Arguments For

1) Proposition 106 expands the options and supports available to a terminally ill person in the last stage of

life. Under the measure, a terminally ill individual may consult with a physician and benefit from medical guidance

in deciding whether and how to end his or her life. The measure allows a mentally competent individual to

peacefully end his or her life in the time, place, and environment of his or her choosing after voluntarily requesting

and self-administering the medication. Proposition 106 also provides protections from criminal penalties for

physicians and family members who choose to support a terminally ill individual through the dying process.

2) Proposition 106 seeks to balance the choice of a terminally ill person to voluntarily end his or her life with

the state's interest in promoting public safety. It establishes safeguards by creating criminal penalties and

ensuring that an individual's physician, family members, and heirs are not the only witnesses to requests for

medication. The measure protects the individual by prohibiting any other person, including a physician, from

making the decision to request medical aid-in-dying or from administering the medication. Further, by requiring

that at least two physicians examine the individual and document his or her prognosis and mental capabilities, the

measure establishes a process to ensure that an individual is capable of making an informed decision to end his

or her life.

Proposition 106: Access to Medical Aid-in-Dying Medication 45

ANALYSES

TITLES AND TEXT

3) Access to medical aid-in-dying may provide a sense of comfort to a terminally ill person by

authorizing medication as insurance against suffering and the potential loss of dignity and autonomy.

Proposition 106 is similar to options available in Oregon, Washington, Vermont, Montana, and California,

that respect the end-of-life concerns of terminally ill people. Oregon's experience shows that the majority of

persons requesting medication cited concerns about losing autonomy and dignity at the end of their lives.

Once the medication is requested, it is up to the individual to decide when and if to take it. In Oregon, for

example, of the 1,545 people who requested the medication since 1997, approximately one-third chose not

to use it.

Arguments Against

1) Encouraging the use of lethal medication by terminally ill people may send the message that some

lives are not worth living to their natural conclusion. People who are in the final stages of life are often in

fear of the dying process. The availability of medical aid-in-dying may encourage people to make drastic

decisions based on concerns about the potential loss of autonomy and dignity, not realizing that modern palliative

and hospice care may effectively address these concerns. Services such as pain and symptom management,

in-home services, and counseling can help individuals navigate the end of their lives while minimizing suffering.

Promoting medical aid-in-dying may lead to a reduced emphasis on treatment and development of new options

for end-of-life care.

2) Proposition 106 creates opportunities for abuse and fraud. The protections in the measure do not go far

enough to shield vulnerable people from family members and others who may benefit from their premature death.

Proposition 106 allows a family member or heir to be one of the witnesses to a request for the medication,

potentially subjecting the individual to coercion. The measure does not require that a physician have any specific

training in order to make an assessment of the individual or require independent verification that the medication

was taken voluntarily or under medical supervision. Proposition 106 fails to ensure that the lethal medication will

be stored in a safe location, potentially placing others at risk or leading to its misuse.

3) Proposition 106 may force physicians to choose between medical ethics and a request to die from a

person for whom they feel compassion. The measure compromises a physician's judgment by asking him or her

to verify that an individual has a prognosis of six months or less to live, yet fails to recognize that diagnoses can

be wrong and prognoses are estimates, not guarantees. The measure also requires that the physician or hospice

director list the terminal illness or condition on the death certificate, which requires these professionals to

misrepresent the cause of death.

Estimate of Fiscal Impact

State revenue and spending. Beginning in FY 2016-17, Proposition 106 may increase state revenue from

criminal fines by a minimal amount. The measure increases state spending by about $45,000 annually for the

Department of Public Health and Environment to collect information about health care provider compliance and

prepare an annual report. To the extent that persons are tried and convicted of crimes created by the measure,

workload and costs will also increase.

Local government impact. This measure may affect local governments as a result of prosecuting new

criminal offenses under the measure. These impacts are anticipated to be minimal.

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Proposition 106: Access to Medical Aid-in-Dying Medication 47

ANALYSES

TITLES AND TEXT

Proposition 106

Access to Medical Aid-in-Dying Medication

TITLE AND TEXT

The ballot title below is a summary drafted by the professional staff of the offices of the secretary of

state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot

title will not appear in the Colorado Revised Statutes. The text of the measure that will appear in the

Colorado Revised Statutes below was drafted by the proponents of the initiative. The initiated measure is

included on the ballot as a proposed change to current law because the proponents gathered the required

amount of petition signatures.

Ballot Title:

Shall there be a change to the Colorado Revised Statutes to permit any mentally capable adult Colorado

resident who has a medical prognosis of death by terminal illness within six months to receive a prescription from

a willing licensed physician for medication that can be self-administered to bring about death; and in connection

therewith, requiring two licensed physicians to confirm the medical prognosis, that the terminally-ill patient has

received information about other care and treatment options, and that the patient is making a voluntary and

informed decision in requesting the medication; requiring evaluation by a licensed mental health professional if

either physician believes the patient may not be mentally capable; granting immunity from civil and criminal

liability and professional discipline to any person who in good faith assists in providing access to or is present

when a patient self-administers the medication; and establishing criminal penalties for persons who knowingly

violate statutes relating to the request for the medication?

Text of Measure:

Be it enacted by the people of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, add article 48 to title 25 as follows:

ARTICLE 48

End-of-life Options

25-48-101. Short title. T

HE SHORT TITLE OF THIS ARTICLE IS THE "COLORADO END-OF-LIFE OPTIONS ACT".

25-48-102. Definitions. A

S USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)

"ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE OR OLDER.

(2)

"ATTENDING PHYSICIAN" MEANS A PHYSICIAN WHO HAS PRIMARY RESPONSIBILITY FOR THE CARE OF A TERMINALLY

ILL INDIVIDUAL AND THE TREATMENT OF THE INDIVIDUAL

'S TERMINAL ILLNESS.

(3)

"CONSULTING PHYSICIAN" MEANS A PHYSICIAN WHO IS QUALIFIED BY SPECIALTY OR EXPERIENCE TO MAKE A

PROFESSIONAL DIAGNOSIS AND PROGNOSIS REGARDING A TERMINALLY ILL INDIVIDUAL

'S ILLNESS.

(4)

"HEALTH CARE PROVIDER" OR "PROVIDER" MEANS A PERSON WHO IS LICENSED, CERTIFIED, REGISTERED, OR

OTHERWISE AUTHORIZED OR PERMITTED BY LAW TO ADMINISTER HEALTH CARE OR DISPENSE MEDICATION IN THE ORDINARY

COURSE OF BUSINESS OR PRACTICE OF A PROFESSION

. THE TERM INCLUDES A HEALTH CARE FACILITY, INCLUDING A

LONG

-TERM CARE FACILITY AS DEFINED IN SECTION 25-3-103.7 (1) (f.3) AND A CONTINUING CARE RETIREMENT COMMUNITY

AS DESCRIBED IN SECTION

25.5-6-203 (1)(c)(I), C.R.S.

(5)

"INFORMED DECISION" MEANS A DECISION THAT IS:

(a)

MADE BY AN INDIVIDUAL TO OBTAIN A PRESCRIPTION FOR MEDICAL AID-IN-DYING MEDICATION THAT THE QUALIFIED

INDIVIDUAL MAY DECIDE TO SELF

-ADMINISTER TO END HIS OR HER LIFE IN A PEACEFUL MANNER;

(b)

BASED ON AN UNDERSTANDING AND ACKNOWLEDGMENT OF THE RELEVANT FACTS; AND

48 Proposition 106: Access to Medical Aid-in-Dying Medication

(I)

HIS OR HER MEDICAL DIAGNOSIS AND PROGNOSIS OF SIX MONTHS OR LESS;

(II)

THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE MEDICAL AID-IN DYING MEDICATION TO BE PRESCRIBED;

(III)

THE PROBABLE RESULT OF TAKING THE MEDICAL AID-IN-DYING MEDICATION TO BE PRESCRIBED;

(IV)

THE CHOICES AVAILABLE TO AN INDIVIDUAL THAT DEMONSTRATE HIS OR HER SELF- DETERMINATION AND INTENT TO

END HIS OR HER LIFE IN A PEACEFUL MANNER

, INCLUDING THE ABILITY TO CHOOSE WHETHER TO:

(A)

REQUEST MEDICAL AID IN DYING;

(B)

OBTAIN A PRESCRIPTION FOR MEDICAL AID-IN-DYING MEDICATION TO END HIS OR HER LIFE;

(C)

FILL THE PRESCRIPTION AND POSSESS MEDICAL AID-IN-DYING MEDICATION TO END HIS OR HER LIFE; AND

(D)

ULTIMATELY SELF-ADMINISTER THE MEDICAL AID-IN-DYING MEDICATION TO BRING ABOUT A PEACEFUL DEATH; AND

(V)

ALL FEASIBLE ALTERNATIVES OR ADDITIONAL TREATMENT OPPORTUNITIES, INCLUDING COMFORT CARE, PALLIATIVE

CARE

, HOSPICE CARE, AND PAIN CONTROL.

(6)

"LICENSED MENTAL HEALTH PROFESSIONAL" MEANS A PSYCHIATRIST LICENSED UNDER ARTICLE 36 OF TITLE 12,

C.R.S., OR A PSYCHOLOGIST LICENSED UNDER PART 3 OF ARTICLE 43 OF TITLE 12, C.R.S.

(7)

"MEDICAL AID IN DYING" MEANS THE MEDICAL PRACTICE OF A PHYSICIAN PRESCRIBING MEDICAL AID-IN-DYING

MEDICATION TO A QUALIFIED INDIVIDUAL THAT THE INDIVIDUAL MAY CHOOSE TO SELF

-ADMINISTER TO BRING ABOUT A

PEACEFUL DEATH

(8)

"MEDICAL AID-IN-DYING MEDICATION" MEANS MEDICATION PRESCRIBED BY A PHYSICIAN PURSUANT TO THIS ARTICLE

TO PROVIDE MEDICAL AID IN DYING TO A QUALIFIED INDIVIDUAL

(9)

"MEDICALLY CONFIRMED" MEANS THAT A CONSULTING PHYSICIAN WHO HAS EXAMINED THE TERMINALLY ILL

INDIVIDUAL AND THE INDIVIDUAL

'S RELEVANT MEDICAL RECORDS HAS CONFIRMED THE MEDICAL OPINION OF THE ATTENDING

PHYSICIAN

(10)

"MENTAL CAPACITY" OR "MENTALLY CAPABLE" MEANS THAT IN THE OPINION OF AN INDIVIDUAL'S ATTENDING

PHYSICIAN

, CONSULTING PHYSICIAN, PSYCHIATRIST OR PSYCHOLOGIST, THE INDIVIDUAL HAS THE ABILITY TO MAKE AND

COMMUNICATE AN INFORMED DECISION TO HEALTH CARE PROVIDERS

(11)

"PHYSICIAN" MEANS A DOCTOR OF MEDICINE OR OSTEOPATHY LICENSED TO PRACTICE MEDICINE BY THE

COLORADO MEDICAL BOARD.

(12)

"PROGNOSIS OF SIX MONTHS OR LESS" MEANS A PROGNOSIS RESULTING FROM A TERMINAL ILLNESS THAT THE

ILLNESS WILL

, WITHIN REASONABLE MEDICAL JUDGMENT, RESULT IN DEATH WITHIN SIX MONTHS AND WHICH HAS BEEN

MEDICALLY CONFIRMED

(13)

"QUALIFIED INDIVIDUAL" MEANS A TERMINALLY ILL ADULT WITH A PROGNOSIS OF SIX MONTHS OR LESS, WHO HAS

MENTAL CAPACITY

, HAS MADE AN INFORMED DECISION, IS A RESIDENT OF THE STATE, AND HAS SATISFIED THE

REQUIREMENTS OF THIS ARTICLE IN ORDER TO OBTAIN A PRESCRIPTION FOR MEDICAL AID

-IN-DYING MEDICATION TO END HIS

OR HER LIFE IN A PEACEFUL MANNER

(14)

"RESIDENT" MEANS AN INDIVIDUAL WHO IS ABLE TO DEMONSTRATE RESIDENCY IN COLORADO BY PROVIDING ANY

OF THE FOLLOWING DOCUMENTATION TO HIS OR HER ATTENDING PHYSICIAN

(a)

A COLORADO DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED PURSUANT TO ARTICLE 2 OF TITLE 42, C.R.S.;

Proposition 106: Access to Medical Aid-in-Dying Medication 49

ANALYSES

TITLES AND TEXT

(b) A COLORADO VOTER REGISTRATION CARD OR OTHER DOCUMENTATION SHOWING THE INDIVIDUAL IS

REGISTERED TO VOTE IN

COLORADO;

(c)

EVIDENCE THAT THE INDIVIDUAL OWNS OR LEASES PROPERTY IN COLORADO; OR

(d)

A COLORADO INCOME TAX RETURN FOR THE MOST RECENT TAX YEAR.

(15)

"SELF-ADMINISTER" MEANS A QUALIFIED INDIVIDUAL'S AFFIRMATIVE, CONSCIOUS, AND PHYSICAL ACT OF

ADMINISTERING THE MEDICAL AID

-IN-DYING MEDICATION TO HIMSELF OR HERSELF TO BRING ABOUT HIS OR HER OWN

DEATH

(16)

"TERMINAL ILLNESS" MEANS AN INCURABLE AND IRREVERSIBLE ILLNESS THAT WILL, WITHIN REASONABLE

MEDICAL JUDGMENT

, RESULT IN DEATH.

25-48-103. Right to request medical aid-in-dying medication. (1)

AN ADULT RESIDENT OF COLORADO MAY

MAKE A REQUEST

, IN ACCORDANCE WITH SECTIONS 25-48-104 AND 25-48-112, TO RECEIVE A PRESCRIPTION FOR MEDICAL

AID

-IN-DYING MEDICATION IF:

(a)

THE INDIVIDUAL'S ATTENDING PHYSICIAN HAS DIAGNOSED THE INDIVIDUAL WITH A TERMINAL ILLNESS WITH A

PROGNOSIS OF SIX MONTHS OR LESS

;

(b)

THE INDIVIDUAL'S ATTENDING PHYSICIAN HAS DETERMINED THE INDIVIDUAL HAS MENTAL CAPACITY; AND

(c)

THE INDIVIDUAL HAS VOLUNTARILY EXPRESSED THE WISH TO RECEIVE A PRESCRIPTION FOR MEDICAL AID-IN-DYING

MEDICATION

(2)

THE RIGHT TO REQUEST MEDICAL AID-IN-DYING MEDICATION DOES NOT EXIST BECAUSE OF AGE OR DISABILITY.

25-48-104. Request process - witness requirements. (1)

IN ORDER TO RECEIVE A PRESCRIPTION FOR MEDICAL

AID

-IN-DYING MEDICATION PURSUANT TO THIS ARTICLE, AN INDIVIDUAL WHO SATISFIES THE REQUIREMENTS IN

SECTION

25-48-103 MUST MAKE TWO ORAL REQUESTS, SEPARATED BY AT LEAST FIFTEEN DAYS, AND A VALID WRITTEN

REQUEST TO HIS OR HER ATTENDING PHYSICIAN

(2)(a)

TO BE VALID, A WRITTEN REQUEST FOR MEDICAL AID-IN-DYING MEDICATION MUST BE:

(I)

SUBSTANTIALLY IN THE SAME FORM AS SET FORTH IN SECTION 25-48-112;

(II)

SIGNED AND DATED BY THE INDIVIDUAL SEEKING THE MEDICAL AID-IN-DYING MEDICATION; AND

(III)

WITNESSED BY AT LEAST TWO INDIVIDUALS WHO, IN THE PRESENCE OF THE INDIVIDUAL, ATTEST TO THE BEST OF

THEIR KNOWLEDGE AND BELIEF THAT THE INDIVIDUAL IS

(A)

MENTALLY CAPABLE;

(B)

ACTING VOLUNTARILY; AND

(C)

NOT BEING COERCED TO SIGN THE REQUEST.

(b)

OF THE TWO WITNESSES TO THE WRITTEN REQUEST, AT LEAST ONE MUST NOT BE:

(I)

RELATED TO THE INDIVIDUAL BY BLOOD, MARRIAGE, CIVIL UNION, OR ADOPTION;

(II)

AN INDIVIDUAL WHO, AT THE TIME THE REQUEST IS SIGNED, IS ENTITLED, UNDER A WILL OR BY OPERATION OF LAW,

TO ANY PORTION OF THE INDIVIDUAL

'S ESTATE UPON HIS OR HER DEATH; OR

(III)

AN OWNER, OPERATOR, OR EMPLOYEE OF A HEALTH CARE FACILITY WHERE THE INDIVIDUAL IS RECEIVING MEDICAL

TREATMENT OR IS A RESIDENT

50 Proposition 106: Access to Medical Aid-in-Dying Medication

POWER OF ATTORNEY OR DURABLE MEDICAL POWER OF ATTORNEY SHALL SERVE AS A WITNESS TO THE WRITTEN REQUEST

25-48-105. Right to rescind request - requirement to offer opportunity to rescind. (1)

AT ANY TIME, AN

INDIVIDUAL MAY RESCIND HIS OR HER REQUEST FOR MEDICAL AID

-IN-DYING MEDICATION WITHOUT REGARD TO THE

INDIVIDUAL

'S MENTAL STATE.

(2)

AN ATTENDING PHYSICIAN SHALL NOT WRITE A PRESCRIPTION FOR MEDICAL AID-IN-DYING MEDICATION UNDER THIS

ARTICLE UNLESS THE ATTENDING PHYSICIAN OFFERS THE QUALIFIED INDIVIDUAL AN OPPORTUNITY TO RESCIND THE

REQUEST FOR THE MEDICAL AID

-IN-DYING MEDICATION.

25-48-106. Attending physician responsibilities. (1)

THE ATTENDING PHYSICIAN SHALL:

(a)

MAKE THE INITIAL DETERMINATION OF WHETHER AN INDIVIDUAL REQUESTING MEDICAL AID-IN- DYING MEDICATION

HAS A TERMINAL ILLNESS

, HAS A PROGNOSIS OF SIX MONTHS OR LESS, IS MENTALLY CAPABLE, IS MAKING AN INFORMED

DECISION

, AND HAS MADE THE REQUEST VOLUNTARILY;

(b)

REQUEST THAT THE INDIVIDUAL DEMONSTRATE COLORADO RESIDENCY BY PROVIDING DOCUMENTATION AS

DESCRIBED IN SECTION

25-48-102 (14);

(c)

PROVIDE CARE THAT CONFORMS TO ESTABLISHED MEDICAL STANDARDS AND ACCEPTED MEDICAL GUIDELINES;

(d)

REFER THE INDIVIDUAL TO A CONSULTING PHYSICIAN FOR MEDICAL CONFIRMATION OF THE DIAGNOSIS AND

PROGNOSIS AND FOR A DETERMINATION OF WHETHER THE INDIVIDUAL IS MENTALLY CAPABLE

, IS MAKING AN INFORMED

DECISION

, AND ACTING VOLUNTARILY;

(e)

PROVIDE FULL, INDIVIDUAL-CENTERED DISCLOSURES TO ENSURE THAT THE INDIVIDUAL IS MAKING AN INFORMED

DECISION BY DISCUSSING WITH THE INDIVIDUAL

(I)

HIS OR HER MEDICAL DIAGNOSIS AND PROGNOSIS OF SIX MONTHS OR LESS;

(II)

THE FEASIBLE ALTERNATIVES OR ADDITIONAL TREATMENT OPPORTUNITIES, INCLUDING COMFORT CARE, PALLIATIVE

CARE

, HOSPICE CARE, AND PAIN CONTROL;

(III)

THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE MEDICAL AID-IN-DYING MEDICATION TO BE PRESCRIBED;

(IV)

THE PROBABLE RESULT OF TAKING THE MEDICAL AID-IN-DYING MEDICATION TO BE PRESCRIBED; AND

(V)

THE POSSIBILITY THAT THE INDIVIDUAL CAN OBTAIN THE MEDICAL AID-IN-DYING MEDICATION BUT CHOOSE NOT TO

USE IT

;

(f)

REFER THE INDIVIDUAL TO A LICENSED MENTAL HEALTH PROFESSIONAL PURSUANT TO SECTION 25-48-108 IF THE

ATTENDING PHYSICIAN BELIEVES THAT THE INDIVIDUAL MAY NOT BE MENTALLY CAPABLE OF MAKING AN INFORMED

DECISION

;

(g)

CONFIRM THAT THE INDIVIDUAL'S REQUEST DOES NOT ARISE FROM COERCION OR UNDUE INFLUENCE BY ANOTHER

PERSON BY DISCUSSING WITH THE INDIVIDUAL

, OUTSIDE THE PRESENCE OF OTHER PERSONS, WHETHER THE INDIVIDUAL IS

FEELING COERCED OR UNDULY INFLUENCED BY ANOTHER PERSON

;

(h)

COUNSEL THE INDIVIDUAL ABOUT THE IMPORTANCE OF:

(I)

HAVING ANOTHER PERSON PRESENT WHEN THE INDIVIDUAL SELF-ADMINISTERS THE MEDICAL AID-IN-DYING

MEDICATION PRESCRIBED PURSUANT TO THIS ARTICLE

;

(II)

NOT TAKING THE MEDICAL AID-IN-DYING MEDICATION IN A PUBLIC PLACE;

(III)

SAFE-KEEPING AND PROPER DISPOSAL OF UNUSED MEDICAL AID-IN-DYING MEDICATION IN ACCORDANCE WITH

SECTION

25-48-120; AND

(IV)

NOTIFYING HIS OR HER NEXT OF KIN OF THE REQUEST FOR MEDICAL AID-IN-DYING MEDICATION;

Proposition 106: Access to Medical Aid-in-Dying Medication 51

ANALYSES

TITLES AND TEXT

(i) INFORM THE INDIVIDUAL THAT HE OR SHE MAY RESCIND THE REQUEST FOR MEDICAL AID-IN- DYING

MEDICATION AT ANY TIME AND IN ANY MANNER

;

(j)

VERIFY, IMMEDIATELY PRIOR TO WRITING THE PRESCRIPTION FOR MEDICAL AID-IN-DYING MEDICATION, THAT

THE INDIVIDUAL IS MAKING AN INFORMED DECISION

;

(k)

ENSURE THAT ALL APPROPRIATE STEPS ARE CARRIED OUT IN ACCORDANCE WITH THIS ARTICLE BEFORE

WRITING A PRESCRIPTION FOR MEDICAL AID

-IN-DYING MEDICATION; AND

(l)

EITHER:

(I)

DISPENSE MEDICAL AID-IN-DYING MEDICATIONS DIRECTLY TO THE QUALIFIED INDIVIDUAL, INCLUDING

ANCILLARY MEDICATIONS INTENDED TO MINIMIZE THE INDIVIDUAL

'S DISCOMFORT, IF THE ATTENDING PHYSICIAN HAS

A CURRENT DRUG ENFORCEMENT ADMINISTRATION CERTIFICATE AND COMPLIES WITH ANY APPLICABLE

ADMINISTRATIVE RULE

; OR

(II)

DELIVER THE WRITTEN PRESCRIPTION PERSONALLY, BY MAIL, OR THROUGH AUTHORIZED ELECTRONIC

TRANSMISSION IN THE MANNER PERMITTED UNDER ARTICLE

42.5 OF TITLE 12, C.R.S., TO A LICENSED PHARMACIST, WHO

SHALL DISPENSE THE MEDICAL AID

-IN-DYING MEDICATION TO THE QUALIFIED INDIVIDUAL, THE ATTENDING PHYSICIAN, OR AN

INDIVIDUAL EXPRESSLY DESIGNATED BY THE QUALIFIED INDIVIDUAL

25-48-107. Consulting physician responsibilities. B

EFORE AN INDIVIDUAL WHO IS REQUESTING MEDICAL

AID

-IN-DYING MEDICATION MAY RECEIVE A PRESCRIPTION FOR THE MEDICAL AID-IN-DYING MEDICATION, A CONSULTING

PHYSICIAN MUST

(1)

EXAMINE THE INDIVIDUAL AND HIS OR HER RELEVANT MEDICAL RECORDS;

(2)

CONFIRM, IN WRITING, TO THE ATTENDING PHYSICIAN:

(a)

THAT THE INDIVIDUAL HAS A TERMINAL ILLNESS;

(b)

THE INDIVIDUAL HAS A PROGNOSIS OF SIX MONTHS OR LESS;

(c)

THAT THE INDIVIDUAL IS MAKING AN INFORMED DECISION; AND

(d)

THAT THE INDIVIDUAL IS MENTALLY CAPABLE, OR PROVIDE DOCUMENTATION THAT THE CONSULTING PHYSICIAN HAS

REFERRED THE INDIVIDUAL FOR FURTHER EVALUATION IN ACCORDANCE WITH SECTION

25-48-108.

25-48-108. Confirmation that individual is mentally capable - referral to mental health professional. (1)

AN ATTENDING PHYSICIAN SHALL NOT PRESCRIBE MEDICAL AID-IN-DYING MEDICATION UNDER THIS ARTICLE FOR AN

INDIVIDUAL WITH A TERMINAL ILLNESS UNTIL THE INDIVIDUAL IS DETERMINED TO BE MENTALLY CAPABLE AND MAKING AN

INFORMED DECISION

, AND THOSE DETERMINATIONS ARE CONFIRMED IN ACCORDANCE WITH THIS SECTION.

(2)

IF THE ATTENDING PHYSICIAN OR THE CONSULTING PHYSICIAN BELIEVES THAT THE INDIVIDUAL MAY NOT BE

MENTALLY CAPABLE OF MAKING AN INFORMED DECISION

, THE ATTENDING PHYSICIAN OR CONSULTING PHYSICIAN SHALL

REFER THE INDIVIDUAL TO A LICENSED MENTAL HEALTH PROFESSIONAL FOR A DETERMINATION OF WHETHER THE

INDIVIDUAL IS MENTALLY CAPABLE AND MAKING AN INFORMED DECISION

(3)

A LICENSED MENTAL HEALTH PROFESSIONAL WHO EVALUATES AN INDIVIDUAL UNDER THIS SECTION SHALL

COMMUNICATE

, IN WRITING, TO THE ATTENDING OR CONSULTING PHYSICIAN WHO REQUESTED THE EVALUATION, HIS OR HER

CONCLUSIONS ABOUT WHETHER THE INDIVIDUAL IS MENTALLY CAPABLE AND MAKING INFORMED DECISIONS

. IF THE

LICENSED MENTAL HEALTH PROFESSIONAL DETERMINES THAT THE INDIVIDUAL IS NOT MENTALLY CAPABLE OF MAKING

INFORMED DECISIONS

, THE PERSON SHALL NOT BE DEEMED A QUALIFIED INDIVIDUAL UNDER THIS ARTICLE AND THE

ATTENDING PHYSICIAN SHALL NOT PRESCRIBE MEDICAL AID

-IN-DYING MEDICATION TO THE INDIVIDUAL.

25-48-109. Death certificate. (1)

UNLESS OTHERWISE PROHIBITED BY LAW, THE ATTENDING PHYSICIAN OR THE

HOSPICE MEDICAL DIRECTOR SHALL SIGN THE DEATH CERTIFICATE OF A QUALIFIED INDIVIDUAL WHO OBTAINED AND

SELF

-ADMINISTERED AID-IN-DYING MEDICATION.

52 Proposition 106: Access to Medical Aid-in-Dying Medication

(2) WHEN A DEATH HAS OCCURRED IN ACCORDANCE WITH THIS ARTICLE, THE CAUSE OF DEATH SHALL BE LISTED AS

THE UNDERLYING TERMINAL ILLNESS AND THE DEATH DOES NOT CONSTITUTE GROUNDS FOR POST

-MORTEM INQUIRY UNDER

SECTION

30-10-606 (1), C.R.S.

25-48-110. Informed decision required. (1)

AN INDIVIDUAL WITH A TERMINAL ILLNESS IS NOT A QUALIFIED

INDIVIDUAL AND MAY NOT RECEIVE A PRESCRIPTION FOR MEDICAL AID

-IN-DYING MEDICATION UNLESS HE OR SHE HAS MADE

AN INFORMED DECISION

(2)

IMMEDIATELY BEFORE WRITING A PRESCRIPTION FOR MEDICAL AID-IN-DYING MEDICATION UNDER THIS ARTICLE, THE

ATTENDING PHYSICIAN SHALL VERIFY THAT THE INDIVIDUAL WITH A TERMINAL ILLNESS IS MAKING AN INFORMED DECISION

25-48-111. Medical record documentation requirements - reporting requirements - department

compliance reviews - rules. (1)

THE ATTENDING PHYSICIAN SHALL DOCUMENT IN THE INDIVIDUAL'S MEDICAL RECORD,

THE FOLLOWING INFORMATION

(a)

DATES OF ALL ORAL REQUESTS;

(b)

A VALID WRITTEN REQUEST;

(c)

THE ATTENDING PHYSICIAN'S DIAGNOSIS AND PROGNOSIS, DETERMINATION OF MENTAL CAPACITY AND THAT THE

INDIVIDUAL IS MAKING A VOLUNTARY REQUEST AND AN INFORMED DECISION

;

(d)

THE CONSULTING PHYSICIAN'S CONFIRMATION OF DIAGNOSIS AND PROGNOSIS, MENTAL CAPACITY AND THAT THE

INDIVIDUAL IS MAKING AN INFORMED DECISION

;

(e)

IF APPLICABLE, WRITTEN CONFIRMATION OF MENTAL CAPACITY FROM A LICENSED MENTAL HEALTH PROFESSIONAL;

(f)

A NOTATION OF NOTIFICATION OF THE RIGHT TO RESCIND A REQUEST MADE PURSUANT TO THIS ARTICLE; AND

(g)

A NOTATION BY THE ATTENDING PHYSICIAN THAT ALL REQUIREMENTS UNDER THIS ARTICLE HAVE BEEN SATISFIED;

INDICATING STEPS TAKEN TO CARRY OUT THE REQUEST

, INCLUDING A NOTATION OF THE MEDICAL AID-IN-DYING

MEDICATIONS PRESCRIBED AND WHEN

(2)(a)

THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL ANNUALLY REVIEW A SAMPLE OF RECORDS

MAINTAINED PURSUANT TO THIS ARTICLE TO ENSURE COMPLIANCE

. THE DEPARTMENT SHALL ADOPT RULES TO FACILITATE

THE COLLECTION OF INFORMATION DEFINED IN SUBSECTION

(1) OF THIS SECTION. EXCEPT AS OTHERWISE REQUIRED BY

LAW

, THE INFORMATION COLLECTED BY THE DEPARTMENT IS NOT A PUBLIC RECORD AND IS NOT AVAILABLE FOR PUBLIC

INSPECTION

. HOWEVER, THE DEPARTMENT SHALL GENERATE AND MAKE AVAILABLE TO THE PUBLIC AN ANNUAL STATISTICAL

REPORT OF INFORMATION COLLECTED UNDER THIS SUBSECTION

(2).

(b)

THE DEPARTMENT SHALL REQUIRE ANY HEALTH CARE PROVIDER, UPON DISPENSING A MEDICAL AID-IN-DYING

MEDICATION PURSUANT TO THIS ARTICLE

, TO FILE A COPY OF A DISPENSING RECORD WITH THE DEPARTMENT. THE

DISPENSING RECORD IS NOT A PUBLIC RECORD AND IS NOT AVAILABLE FOR PUBLIC INSPECTION

25-48-112. Form of written request. (1)

A REQUEST FOR MEDICAL AID-IN-DYING MEDICATION AUTHORIZED BY THIS

ARTICLE MUST BE IN SUBSTANTIALLY THE FOLLOWING FORM

EQUEST FOR MEDICATION TO END MY LIFE

IN A PEACEFUL MANNER

_______________________________________________________ AM AN ADULT OF SOUND MIND. I AM

SUFFERING FROM

_______________________________________, WHICH MY ATTENDING PHYSICIAN HAS

DETERMINED IS A TERMINAL ILLNESS AND WHICH HAS BEEN MEDICALLY CONFIRMED

. I HAVE BEEN FULLY INFORMED OF MY

DIAGNOSIS AND PROGNOSIS OF SIX MONTHS OR LESS

, THE NATURE OF THE MEDICAL AID-IN-DYING MEDICATION TO BE

PRESCRIBED AND POTENTIAL ASSOCIATED RISKS

, THE EXPECTED RESULT, AND THE FEASIBLE ALTERNATIVES OR

ADDITIONAL TREATMENT OPPORTUNITIES

, INCLUDING COMFORT CARE, PALLIATIVE CARE, HOSPICE CARE, AND PAIN

CONTROL

Proposition 106: Access to Medical Aid-in-Dying Medication 53

ANALYSES

TITLES AND TEXT

I REQUEST THAT MY ATTENDING PHYSICIAN PRESCRIBE MEDICAL AID-IN-DYING MEDICATION THAT WILL END MY LIFE

IN A PEACEFUL MANNER IF

I CHOOSE TO TAKE IT, AND I AUTHORIZE MY ATTENDING PHYSICIAN TO CONTACT ANY

PHARMACIST ABOUT MY REQUEST

UNDERSTAND THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST AT ANY TIME.

UNDERSTAND THE SERIOUSNESS OF THIS REQUEST, AND I EXPECT TO DIE IF I TAKE THE AID-IN-DYING MEDICATION

PRESCRIBED

FURTHER UNDERSTAND THAT ALTHOUGH MOST DEATHS OCCUR WITHIN THREE HOURS, MY DEATH MAY TAKE

LONGER

, AND MY ATTENDING PHYSICIAN HAS COUNSELED ME ABOUT THIS POSSIBILITY. I MAKE THIS REQUEST

VOLUNTARILY

, WITHOUT RESERVATION, AND WITHOUT BEING COERCED, AND I ACCEPT FULL RESPONSIBILITY FOR MY

ACTIONS

IGNED: _____________________________________________

ATED: _____________________________________________

ECLARATION OF WITNESSES

E DECLARE THAT THE INDIVIDUAL SIGNING THIS REQUEST:

IS PERSONALLY KNOWN TO US OR HAS PROVIDED PROOF OF IDENTITY;

SIGNED THIS REQUEST IN OUR PRESENCE;

PPEARS TO BE OF SOUND MIND AND NOT UNDER DURESS, COERCION, OR UNDUE INFLUENCE; AND

AM NOT THE ATTENDING PHYSICIAN FOR THE INDIVIDUAL.

_______________

WITNESS 1/DATE

_______________

WITNESS 2/DATE

OTE: OF THE TWO WITNESSES TO THE WRITTEN REQUEST, AT LEAST ONE MUST NOT:

E A RELATIVE (BY BLOOD, MARRIAGE, CIVIL UNION, OR ADOPTION) OF THE INDIVIDUAL SIGNING THIS REQUEST; BE

ENTITLED TO ANY PORTION OF THE INDIVIDUAL

'S ESTATE UPON DEATH; OR OWN, OPERATE, OR BE EMPLOYED AT A HEALTH

CARE FACILITY WHERE THE INDIVIDUAL IS A PATIENT OR RESIDENT

ND NEITHER THE INDIVIDUAL'S ATTENDING PHYSICIAN NOR A PERSON AUTHORIZED AS THE INDIVIDUAL'S QUALIFIED POWER

OF ATTORNEY OR DURABLE MEDICAL POWER OF ATTORNEY SHALL SERVE AS A WITNESS TO THE WRITTEN REQUEST

25-48-113. Standard of care. (1)

PHYSICIANS AND HEALTH CARE PROVIDERS SHALL PROVIDE MEDICAL SERVICES

UNDER THIS ACT THAT MEET OR EXCEED THE STANDARD OF CARE FOR END

-OF-LIFE MEDICAL CARE.

(2)

IF A HEALTH CARE PROVIDER IS UNABLE OR UNWILLING TO CARRY OUT AN ELIGIBLE INDIVIDUAL'S REQUEST AND THE

INDIVIDUAL TRANSFERS CARE TO A NEW HEALTH CARE PROVIDER

, THE HEALTH CARE PROVIDER SHALL COORDINATE

TRANSFER OF THE INDIVIDUAL

'S MEDICAL RECORDS TO A NEW HEALTH CARE PROVIDER.

25-48-114. Effect on wills, contracts, and statutes.

(1) A PROVISION IN A CONTRACT, WILL, OR OTHER

AGREEMENT

, WHETHER WRITTEN OR ORAL, THAT WOULD AFFECT WHETHER AN INDIVIDUAL MAY MAKE OR RESCIND A

REQUEST FOR MEDICAL AID IN DYING PURSUANT TO THIS ARTICLE IS INVALID

(2)

AN OBLIGATION OWING UNDER ANY CURRENTLY EXISTING CONTRACT MUST NOT BE CONDITIONED UPON, OR

AFFECTED BY

, AN INDIVIDUAL'S ACT OF MAKING OR RESCINDING A REQUEST FOR MEDICAL AID-IN-DYING MEDICATION

PURSUANT TO THIS ARTICLE

25-48-115. Insurance or annuity policies. (1)

THE SALE, PROCUREMENT, OR ISSUANCE OF, OR THE RATE

CHARGED FOR

, ANY LIFE, HEALTH, OR ACCIDENT INSURANCE OR ANNUITY POLICY MUST NOT BE CONDITIONED UPON, OR

54 Proposition 106: Access to Medical Aid-in-Dying Medication

AFFECTED BY, AN INDIVIDUAL'S ACT OF MAKING OR RESCINDING A REQUEST FOR MEDICAL AID-IN-DYING MEDICATION IN

ACCORDANCE WITH THIS ARTICLE

(2)

A QUALIFIED INDIVIDUAL'S ACT OF SELF-ADMINISTERING MEDICAL AID-IN-DYING MEDICATION PURSUANT TO THIS

ARTICLE DOES NOT AFFECT A LIFE

, HEALTH, OR ACCIDENT INSURANCE OR ANNUITY POLICY.

(3)

AN INSURER SHALL NOT DENY OR OTHERWISE ALTER HEALTH CARE BENEFITS AVAILABLE UNDER A POLICY OF

SICKNESS AND ACCIDENT INSURANCE TO AN INDIVIDUAL WITH A TERMINAL ILLNESS WHO IS COVERED UNDER THE POLICY

BASED ON WHETHER OR NOT THE INDIVIDUAL MAKES A REQUEST PURSUANT TO THIS ARTICLE

(4)

AN INDIVIDUAL WITH A TERMINAL ILLNESS WHO IS A RECIPIENT OF MEDICAL ASSISTANCE UNDER THE "COLORADO

MEDICAL ASSISTANCE ACT", ARTICLES 4, 5, AND 6 OF TITLE 25.5, C.R.S. SHALL NOT BE DENIED BENEFITS UNDER THE

MEDICAL ASSISTANCE PROGRAM OR HAVE HIS OR HER BENEFITS UNDER THE PROGRAM OTHERWISE ALTERED BASED ON

WHETHER OR NOT THE INDIVIDUAL MAKES A REQUEST PURSUANT TO THIS ARTICLE

25-48-116. Immunity for actions in good faith - prohibition against reprisals. (1)

A PERSON IS NOT SUBJECT

TO CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL DISCIPLINARY ACTION FOR ACTING IN GOOD FAITH UNDER THIS

ARTICLE

, WHICH INCLUDES BEING PRESENT WHEN A QUALIFIED INDIVIDUAL SELF-ADMINISTERS THE PRESCRIBED MEDICAL

AID

-IN-DYING MEDICATION.

(2)

EXCEPT AS PROVIDED FOR IN SECTION 25-48-118, A HEALTH CARE PROVIDER OR PROFESSIONAL ORGANIZATION

OR ASSOCIATION SHALL NOT SUBJECT AN INDIVIDUAL TO ANY OF THE FOLLOWING FOR PARTICIPATING OR REFUSING TO

PARTICIPATE IN GOOD

-FAITH COMPLIANCE UNDER THIS ARTICLE:

(a)

CENSURE;

(b)

DISCIPLINE;

(c)

SUSPENSION;

(d)

LOSS OF LICENSE, PRIVILEGES, OR MEMBERSHIP; OR

(e)

ANY OTHER PENALTY.

(3)

A REQUEST BY AN INDIVIDUAL FOR, OR THE PROVISION BY AN ATTENDING PHYSICIAN OF, MEDICAL AID-IN-DYING

MEDICATION IN GOOD

-FAITH COMPLIANCE WITH THIS ARTICLE DOES NOT:

(a)

CONSTITUTE NEGLECT OR ELDER ABUSE FOR ANY PURPOSE OF LAW; OR

(b)

PROVIDE THE BASIS FOR THE APPOINTMENT OF A GUARDIAN OR CONSERVATOR.

(4)

THIS SECTION DOES NOT LIMIT CIVIL OR CRIMINAL LIABILITY FOR NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL

MISCONDUCT

25-48-117. No duty to prescribe or dispense. (1)

A HEALTH CARE PROVIDER MAY CHOOSE WHETHER TO

PARTICIPATE IN PROVIDING MEDICAL AID

-IN-DYING MEDICATION TO AN INDIVIDUAL IN ACCORDANCE WITH THIS ARTICLE.

(2)

IF A HEALTH CARE PROVIDER IS UNABLE OR UNWILLING TO CARRY OUT AN INDIVIDUAL'S REQUEST FOR

MEDICAL AID

-IN-DYING MEDICATION MADE IN ACCORDANCE WITH THIS ARTICLE, AND THE INDIVIDUAL TRANSFERS HIS OR

HER CARE TO A NEW HEALTH CARE PROVIDER

, THE PRIOR HEALTH CARE PROVIDER SHALL TRANSFER, UPON REQUEST, A

COPY OF THE INDIVIDUAL

'S RELEVANT MEDICAL RECORDS TO THE NEW HEALTH CARE PROVIDER.

25-48-118. Health care facility permissible prohibitions - sanctions if provider violates policy. (1)

HEALTH CARE FACILITY MAY PROHIBIT A PHYSICIAN EMPLOYED OR UNDER CONTRACT FROM WRITING A PRESCRIPTION FOR

MEDICAL AID

-IN-DYING MEDICATION FOR A QUALIFIED INDIVIDUAL WHO INTENDS TO USE THE MEDICAL AID-IN-DYING

MEDICATION ON THE FACILITY

'S PREMISES. THE HEALTH CARE FACILITY MUST NOTIFY THE PHYSICIAN IN WRITING OF ITS

POLICY WITH REGARD TO PRESCRIPTIONS FOR MEDICAL AID

-IN-DYING MEDICATION. A HEALTH CARE FACILITY THAT FAILS TO

PROVIDE ADVANCE NOTICE TO THE PHYSICIAN SHALL NOT BE ENTITLED TO ENFORCE SUCH A POLICY AGAINST THE

PHYSICIAN

Proposition 106: Access to Medical Aid-in-Dying Medication 55

ANALYSES

TITLES AND TEXT

(2) A HEALTH CARE FACILITY OR HEALTH CARE PROVIDER SHALL NOT SUBJECT A PHYSICIAN, NURSE,

PHARMACIST

, OR OTHER PERSON TO DISCIPLINE, SUSPENSION, LOSS OF LICENSE OR PRIVILEGES, OR ANY OTHER

PENALTY OR SANCTION FOR ACTIONS TAKEN IN GOOD

-FAITH RELIANCE ON THIS ARTICLE OR FOR REFUSING TO ACT

UNDER THIS ARTICLE

(3)

A HEALTH CARE FACILITY MUST NOTIFY PATIENTS IN WRITING OF ITS POLICY WITH REGARD TO

MEDICAL AID

-IN-DYING. A HEALTH CARE FACILITY THAT FAILS TO PROVIDE ADVANCE NOTIFICATION TO PATIENTS

SHALL NOT BE ENTITLED TO ENFORCE SUCH A POLICY

25-48-119. Liabilities. (1)

A PERSON COMMITS A CLASS 2 FELONY AND IS SUBJECT TO PUNISHMENT IN

ACCORDANCE WITH SECTION

18-1.3-401, C.R.S. IF THE PERSON, KNOWINGLY OR INTENTIONALLY CAUSES AN

INDIVIDUAL

'S DEATH BY:

(a)

FORGING OR ALTERING A REQUEST FOR MEDICAL AID-IN-DYING MEDICATION TO END AN INDIVIDUAL'S LIFE

WITHOUT THE INDIVIDUAL

'S AUTHORIZATION; OR

(b)

CONCEALING OR DESTROYING A RESCISSION OF A REQUEST FOR MEDICAL AID-IN-DYING MEDICATION.

(2)

A PERSON COMMITS A CLASS 2 FELONY AND IS SUBJECT TO PUNISHMENT IN ACCORDANCE WITH SECTION

18-1.3-401, C.R.S. IF THE PERSON KNOWINGLY OR INTENTIONALLY COERCES OR EXERTS UNDUE INFLUENCE ON AN

INDIVIDUAL WITH A TERMINAL ILLNESS TO

(a)

REQUEST MEDICAL AID-IN-DYING MEDICATION FOR THE PURPOSE OF ENDING THE TERMINALLY ILL INDIVIDUAL'S LIFE;

(b)

DESTROY A RESCISSION OF A REQUEST FOR MEDICAL AID-IN-DYING MEDICATION.

(3)

NOTHING IN THIS ARTICLE LIMITS FURTHER LIABILITY FOR CIVIL DAMAGES RESULTING FROM OTHER NEGLIGENT

CONDUCT OR INTENTIONAL MISCONDUCT BY ANY PERSON

(4)

THE PENALTIES SPECIFIED IN THIS ARTICLE DO NOT PRECLUDE CRIMINAL PENALTIES APPLICABLE UNDER THE

"COLORADO CRIMINAL CODE", TITLE 18, C.R.S., FOR CONDUCT THAT IS INCONSISTENT WITH THIS ARTICLE.

25-48-120. Safe disposal of unused medical aid-in-dying medications. A

PERSON WHO HAS CUSTODY OR

CONTROL OF MEDICAL AID

-IN-DYING MEDICATION DISPENSED UNDER THIS ARTICLE THAT THE TERMINALLY ILL INDIVIDUAL

DECIDES NOT TO USE OR THAT REMAINS UNUSED AFTER THE TERMINALLY ILL INDIVIDUAL

'S DEATH SHALL DISPOSE OF THE

UNUSED MEDICAL AID

-IN- DYING MEDICATION EITHER BY:

(1)

RETURNING THE UNUSED MEDICAL AID-IN-DYING MEDICATION TO THE ATTENDING PHYSICIAN WHO PRESCRIBED THE

MEDICAL AID

-IN-DYING MEDICATION, WHO SHALL DISPOSE OF THE UNUSED MEDICAL AID-IN-DYING MEDICATION IN THE

MANNER REQUIRED BY LAW

; OR

(2)

LAWFUL MEANS IN ACCORDANCE WITH SECTION 25-15-328, C.R.S. OR ANY OTHER STATE OR FEDERALLY

APPROVED MEDICATION TAKE

-BACK PROGRAM AUTHORIZED UNDER THE FEDERAL "SECURE AND RESPONSIBLE DRUG

DISPOSAL ACT OF 2010", PUB.L.111-273, AND REGULATIONS ADOPTED PURSUANT TO THE FEDERAL ACT.

25-48-121. Actions complying with article not a crime. N

OTHING IN THIS ARTICLE AUTHORIZES A PHYSICIAN OR

ANY OTHER PERSON TO END AN INDIVIDUAL

'S LIFE BY LETHAL INJECTION, MERCY KILLING, OR EUTHANASIA. ACTIONS TAKEN

IN ACCORDANCE WITH THIS ARTICLE DO NOT

, FOR ANY PURPOSE, CONSTITUTE SUICIDE, ASSISTED SUICIDE, MERCY KILLING,

HOMICIDE

, OR ELDER ABUSE UNDER THE "COLORADO CRIMINAL CODE", AS SET FORTH IN TITLE 18, C.R.S.

25-48-122. Claims by government entity for costs. A

GOVERNMENT ENTITY THAT INCURS COSTS RESULTING

FROM AN INDIVIDUAL TERMINATING HIS OR HER LIFE PURSUANT TO THIS ARTICLE IN A PUBLIC PLACE HAS A CLAIM AGAINST

THE ESTATE OF THE INDIVIDUAL TO RECOVER THE COSTS AND REASONABLE ATTORNEY FEES RELATED TO ENFORCING THE

CLAIM

56 Proposition 106: Access to Medical Aid-in-Dying Medication

25-48-123. No effect on advance medical directives. NOTHING IN THIS ARTICLE SHALL CHANGE THE LEGAL

EFFECT OF

(1)

A DECLARATION MADE UNDER ARTICLE 18 OF TITLE 15, C.R.S., DIRECTING THAT LIFE-SUSTAINING PROCEDURES BE

WITHHELD OR WITHDRAWN

;

(2)

A CARDIOPULMONARY RESUSCITATION DIRECTIVE EXECUTED UNDER ARTICLE 18.6 OF TITLE 15, C.R.S.; OR

(3)

AN ADVANCE MEDICAL DIRECTIVE EXECUTED UNDER ARTICLE 18.7 OF TITLE 15, C.R.S.

Proposition 107: Presidential Primary Elections 57

ANALYSES

TITLES AND TEXT

Proposition 107

Presidential Primary Elections

ANALYSIS

Proposition 107 proposes amending the Colorado statutes to:

 establish a presidential primary election in Colorado that allows participation by unaffiliated voters.

Summary and Analysis

Background. Presidential nominees for major political parties are chosen by state delegates at each

party's national convention. Delegates to the national convention are selected by each state based on the results

of either a caucus or presidential primary election. Proposition 107 establishes a presidential primary election in

Colorado that is open to voters affiliated with a major political party and to unaffiliated voters. Presidential primary

elections were conducted in the state in 1992, 1996, and 2000. In other years, Colorado's political parties have

selected delegates for nominating presidential candidates using a caucus system. Caucus participation is limited

to voters who have affiliated with that political party at least two months prior to the caucus. Voters at a caucus

typically debate the merits of each candidate and, in most years, a straw poll-style vote is then taken to determine

the candidate preference of voters. Based on the caucus results, the parties allocate delegates to the national

conventions.

Process for presidential primaries. The presidential primary election established by Proposition 107 will be

conducted as a mail ballot election on a date set by the Governor, no later than the third Tuesday in March. No

other issue may be included on the ballot. Proposition 107 does not impact the existing primary election in

Colorado, held in June, for other state, federal, and local offices.

Participation of affiliated and unaffiliated voters. Under Proposition 107, voters are not required to affiliate

with a political party in order to vote in the presidential primary election. Under Proposition 107, each major

political party will have a separate presidential primary ballot for use by voters affiliated with the party. Unaffiliated

voters will receive a combined ballot that shows all candidates for each political party. Unaffiliated voters may

vote for a candidate of only one political party. If a voter selects candidates of more than one political party on the

combined ballot, his or her ballot will not be counted.

Funding for presidential primaries. Under Proposition 107, the cost of the presidential primary election will

be paid by the state and counties. Counties will be responsible for administering the presidential primary election,

and they will be reimbursed for a portion of these costs by the state. Currently, caucuses are paid for and

conducted by the political parties.

Pledging of delegates. Under Proposition 107, the winner of a party's presidential primary receives all

delegates to the national convention, and the delegates are bound to support the winner at the convention.

Impact on political party caucuses. Under Proposition 107, parties will still be allowed to hold caucuses to

handle internal party business. However, parties will no longer use caucuses to determine the state party's

choice for presidential nominee.

For information on those issue committees that support or oppose the

measures on the ballot at the November 8, 2016, election, go to the

Colorado Secretary of State's elections center web site hyperlink for

ballot and initiative information:

http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html

58 Proposition 107: Presidential Primary Elections

Arguments For

1) A presidential primary serves Colorado voters better than the caucus system. The current caucus system

is confusing and inaccessible to many voters. Caucuses can be crowded, held at inconvenient times, and

conducted by inexperienced volunteers. A presidential primary election eliminates the logistical difficulties of

conducting caucuses. Under Proposition 107, a presidential primary will give voters several weeks to cast their

ballots by mail or at a vote center, and the election will be conducted in the same manner as all other elections by

experienced county election officials.

2) All registered voters in Colorado should be allowed to participate in the selection of presidential

nominees, even if they are not affiliated with a political party. Unaffiliated voters make up more than one-third of

all registered voters in the state. Proposition 107 gives these unaffiliated voters a role in selecting presidential

nominees and may increase voter participation.

3) Proposition 107 protects voter confidentiality by allowing voters to select presidential primary candidates

using a secret ballot. The current caucus system requires voters to publicly declare their candidate preference,

which can discourage participation by many voters who do not wish to make their preference known.

Arguments Against

1) Proposition 107 uses a combined ballot system for unaffiliated voters that will likely result in some

unaffiliated voter ballots not being counted, could change the primary election winners, and would raise costs for

taxpayers. On a combined ballot, unaffiliated voters must vote for only one party's candidate. People who vote

for candidates in both parties will have their ballot disqualified, and their ballots will not be counted. This can

change election results, and may result in contested elections and litigation. Producing and processing a

separate combined ballot only for unaffiliated voters creates administrative and financial burdens for counties,

especially smaller or rural counties.

2) Proposition 107 shifts costs to taxpayers, as the state and counties will be required to spend at least

$5.0 million every four years to conduct a presidential primary election. Under a caucus system, taxpayers save

money because caucuses are conducted and funded by the political parties. Taxpayers should not be required to

pay the costs of nominating contests for political parties. The measure also places an administrative burden on

counties to conduct an additional election every four years.

3) Under current law, unaffiliated voters who wish to participate at a caucus can declare their party affiliation

ahead of time and attend.

Estimate of Fiscal Impact

State spending. Proposition 107 increases state spending in the Secretary of State's Office by about

$210,000 in budget year 2018-19 and by $2.7 million in budget year 2019-20 when the next presidential primary

election will be conducted under the measure. After budget year 2019-20, state spending will increase every

four years during presidential election years to conduct the presidential primary election.

Local government spending. Under Proposition 107, counties will have costs of about $5.3 million in

budget year 2019-20 to conduct a presidential primary election. Counties will be reimbursed about $2.6 million by

the state to offset these costs. After budget year 2019-20, spending by counties will increase every four years to

conduct the presidential primary election.

Proposition 107: Presidential Primary Elections 59

ANALYSES

TITLES AND TEXT

Proposition 107

Presidential Primary Elections

TITLE AND TEXT

The ballot title below is a summary drafted by the professional staff of the offices of the secretary of

state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot

title will not appear in the Colorado Revised Statutes. The text of the measure that will appear in the

Colorado Revised Statutes below was drafted by the proponents of the initiative. The initiated measure is

included on the ballot as a proposed change to current law because the proponents gathered the required

amount of petition signatures.

Ballot Title:

Shall there be a change to the Colorado Revised Statutes recreating a presidential primary election to be held

before the end of March in each presidential election year in which unaffiliated electors may vote without declaring

an affiliation with a political party?

Text of Measure:

Be it Enacted by the People of the State of Colorado:

SECTION 1. Declaration of the People of Colorado.

OLORADO VOTERS EXPERIENCED DISENFRANCHISEMENT AND PROFOUND DISAPPOINTMENT WITH THE STATE'S SYSTEM

FOR PARTICIPATING IN THE PRESIDENTIAL NOMINATION PROCESS IN

2016.

ON THE DEMOCRATIC SIDE, ATTENDANCE AT CAUCUSES OVERWHELMED MANY PARTY-RUN EVENTS,

WITH LONG LINES OR

OTHER PROBLEMS LIMITING MANY ELIGIBLE VOTERS

' ABILITY TO TAKE PART.

THE STATE'S REPUBLICAN PARTY CHOSE NOT TO HOLD OFFICIAL PREFERENCE POLLS, ESSENTIALLY LEAVING ACTIVE

REPUBLICAN VOTERS WITHOUT A SAY ON THE PARTY

'S POTENTIAL NOMINEES.

AND, GIVEN THE RULES FOR PARTICIPATING IN CAUCUSES, THE STATE'S LARGEST GROUP OF VOTERS -- MORE THAN

1 MILLION UNAFFILIATED ELECTORS -- WERE DISENFRANCHISED ALTOGETHER.

OLORADO PREVIOUSLY HELD PRESIDENTIAL PRIMARIES IN 1992, 1996 AND 2000. THIS MEASURE WOULD RESTORE A

PRESIDENTIAL PRIMARY IN

COLORADO BEGINNING IN 2020. BECAUSE A PRESIDENTIAL PRIMARY ELECTION WOULD BE PAID

FOR BY ALL TAXPAYERS

, ALL ELIGIBLE VOTERS WHO WANT THEIR VOICES TO BE HEARD SHOULD BE ABLE TO VOTE IN THOSE

ELECTIONS

URRENTLY, THE 35% OF COLORADO VOTERS WHO ARE INDEPENDENT OF A PARTY MUST JOIN A PARTY IF THEY WANT

TO PARTICIPATE IN CAUCUSES WHERE PRESIDENTIAL PREFERENCE POLLS ARE TAKEN OR A PRIMARY ELECTION

. IN FACT,

COLORADO IS IN THE MINORITY OF STATES THAT LIMIT PARTICIPATION IN THE PRESIDENTIAL NOMINATION PROCESS TO ONLY

THOSE REGISTERED WITH A MAJOR POLITICAL PARTY

A PRESIDENTIAL PRIMARY WOULD INVOLVE MORE VOTERS, INCREASE PARTICIPATION AND COULD ENCOURAGE

CANDIDATES WHO ARE RESPONSIVE TO THE VIEWPOINTS OF MORE

COLORADANS.

ACCORDINGLY, COLORADO SHOULD RESTORE ITS PRESIDENTIAL PRIMARY AND ALL VOTERS SHOULD BE ALLOWED TO

PARTICIPATE IN SELECTING THE PRIMARY CANDIDATES FOR PRESIDENT

SECTION 2. In Colorado Revised Statutes, recreate and reenact, with amendments, part 12 to

article 4 of

title 1 as follows:

1-4-1201. Declaration. I

N RECREATING AND REENACTING THIS PART 12, IT IS THE INTENT OF THE PEOPLE OF THE

STATE OF COLORADO THAT THE PROVISIONS OF THIS PART 12 CONFORM TO THE REQUIREMENTS OF FEDERAL LAW AND

NATIONAL POLITICAL PARTY RULES GOVERNING PRESIDENTIAL PRIMARY ELECTIONS

, AND THAT THE COLORADO GENERAL

60 Proposition 107: Presidential Primary Elections

ASSEMBLY WILL, DURING THE 2017 LEGISLATIVE SESSION, ADOPT ALL NECESSARY CONFORMING AMENDMENTS TO ENSURE

THE PROPER OPERATION OF A PRESIDENTIAL PRIMARY ELECTION IN

COLORADO.

1-4-1202. Definitions. A

S USED IN THIS PART 12, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)

"POLITICAL PARTY" MEANS A MAJOR POLITICAL PARTY AS DEFINED IN SECTION 1-1-104 (22).

(2)

"PRESIDENTIAL PRIMARY ELECTION" MEANS A PRIMARY ELECTION CONDUCTED IN A YEAR IN WHICH A UNITED STATES

PRESIDENTIAL ELECTION WILL BE HELD TO ALLOCATE DELEGATES TO NATIONAL NOMINATING CONVENTIONS OF THE MAJOR

POLITICAL PARTIES SELECTED IN ACCORDANCE WITH SECTION

1-4-701.

1-4-1203. Presidential primary elections - when - conduct. (1) A

PRESIDENTIAL PRIMARY ELECTION SHALL BE

HELD ON A

TUESDAY ON A DATE DESIGNATED BY THE GOVERNOR. THE DATE SELECTED FOR THE PRIMARY MUST BE NO

EARLIER THAN THE DATE THE NATIONAL RULES OF THE MAJOR POLITICAL PARTIES PROVIDE FOR STATE DELEGATIONS TO THE

PARTY

'S NATIONAL CONVENTION TO BE ALLOCATED WITHOUT PENALTY AND NOT LATER THAN THE THIRD TUESDAY IN MARCH

IN YEARS IN WHICH A

UNITED STATES PRESIDENTIAL ELECTION WILL BE HELD. THE GOVERNOR SHALL DESIGNATE THE DATE

OF THE PRESIDENTIAL PRIMARY ELECTION NO LATER THAN THE FIRST DAY OF

SEPTEMBER IN THE YEAR BEFORE THE

PRESIDENTIAL PRIMARY ELECTION WILL BE HELD

(2)(a) E

XCEPT AS PROVIDED FOR IN SUBSECTION (5) OF THIS SECTION, EACH POLITICAL PARTY THAT HAS A QUALIFIED

CANDIDATE ENTITLED TO PARTICIPATE IN THE PRESIDENTIAL PRIMARY ELECTION PURSUANT TO THIS SECTION IS ENTITLED TO

PARTICIPATE IN THE

COLORADO PRESIDENTIAL PRIMARY ELECTION. AT THE PRESIDENTIAL PRIMARY ELECTION, AN ELECTOR

THAT IS AFFILIATED WITH A POLITICAL PARTY MAY VOTE ONLY FOR A CANDIDATE OF THAT POLITICAL PARTY

(b) A

N UNAFFILIATED ELIGIBLE ELECTOR MAY VOTE IN A POLITICAL PARTY'S PRESIDENTIAL PRIMARY ELECTION WITHOUT

AFFILIATING WITH THAT PARTY OR MAY DECLARE AN AFFILIATION WITH A POLITICAL PARTY TO THE ELECTION JUDGES AT THE

PRESIDENTIAL PRIMARY ELECTION IN ACCORDANCE WITH SECTION

1-7-201. NOTWITHSTANDING ANY OTHER PROVISION OF

LAW

, NO ELECTOR AFFILIATED WITH A MAJOR OR MINOR POLITICAL PARTY OR POLITICAL ORGANIZATION MAY CHANGE OR

WITHDRAW HIS OR HER AFFILIATION IN ORDER TO VOTE IN THE PRESIDENTIAL PRIMARY ELECTION OF ANOTHER POLITICAL

PARTY UNLESS THE ELECTOR HAS CHANGED OR WITHDRAWN SUCH AFFILIATION NO LATER THAN THE TWENTY

-NINTH DAY

PRECEDING THE PRESIDENTIAL PRIMARY ELECTION AS PROVIDED IN SECTION

1-2-219 (1).

(3) E

XCEPT AS OTHERWISE PROVIDED IN THIS PART 12, A PRESIDENTIAL PRIMARY ELECTION MUST BE CONDUCTED IN THE

SAME MANNER AS ANY OTHER PRIMARY ELECTION TO THE EXTENT STATUTORY PROVISIONS GOVERNING OTHER PRIMARY

ELECTIONS ARE APPLICABLE TO THIS PART

12. THE ELECTION OFFICERS AND COUNTY CLERK AND RECORDERS HAVE THE

SAME POWERS AND SHALL PERFORM THE SAME DUTIES FOR PRESIDENTIAL PRIMARY ELECTIONS AS THEY PROVIDE BY LAW

FOR OTHER PRIMARY ELECTIONS AND GENERAL ELECTIONS

(4)(a) A

BALLOT USED IN A PRESIDENTIAL PRIMARY ELECTION MUST ONLY CONTAIN THE NAMES OF CANDIDATES FOR THE

OFFICE OF THE PRESIDENT OF THE

UNITED STATES OF AMERICA. THE BALLOT SHALL NOT BE USED FOR THE PURPOSE OF

PRESENTING ANY OTHER ISSUE OR QUESTION TO THE ELECTORATE UNLESS EXPRESSLY AUTHORIZED BY LAW

(b) E

ACH POLITICAL PARTY THAT IS ENTITLED TO PARTICIPATE IN THE PRESIDENTIAL PRIMARY ELECTION SHALL HAVE A

SEPARATE PARTY BALLOT FOR USE BY ELECTORS AFFILIATED WITH THAT POLITICAL PARTY

. IN ADDITION, ALL POLITICAL

PARTIES THAT ARE ENTITLED TO PARTICIPATE IN THE PRIMARY ELECTION SHALL HAVE THEIR CANDIDATES PLACED ON A

SINGLE COMBINED BALLOT TO BE USED BY UNAFFILIATED ELECTORS THAT CONTAINS THE NAMES OF THE CANDIDATES OF

EACH OF THE POLITICAL PARTIES AND THAT ARE CLEARLY AND CONSPICUOUSLY SEGREGATED FROM THE NAMES OF THE

CANDIDATES OF ANY OTHER POLITICAL PARTY

. ACROSS THE TOP OF EACH SUCH BALLOT THE WORDS "PRIMARY ELECTION

BALLOT FOR UNAFFILIATED VOTERS

" SHALL BE PRINTED AND CLEARLY ADVISE THAT AN ELECTOR MAY CAST THE BALLOT OF

ONLY ONE POLITICAL PARTY AND THAT ANY BALLOT IN WHICH VOTES HAVE BEEN CAST IN THE PRIMARY OF MORE THAN ONE

PARTY SHALL BE VOID AND NOT COUNTED

(5)

IF, AT THE CLOSE OF BUSINESS ON THE SIXTIETH DAY BEFORE A PRESIDENTIAL PRIMARY ELECTION,

THERE IS NOT

MORE THAN ONE CANDIDATE FOR PRESIDENT AFFILIATED WITH A POLITICAL PARTY CERTIFIED TO THE PRESIDENTIAL PRIMARY

BALLOT PURSUANT TO SECTION

1-4-1204(1) OR WHO HAS FILED A WRITE-IN CANDIDATE STATEMENT OF INTENT PURSUANT

1-4-1205, THE SECRETARY OF STATE MAY CANCEL THE PRESIDENTIAL PRIMARY ELECTION FOR THAT POLITICAL PARTY

AND DECLARE THAT CANDIDATE THE WINNER OF THE PRESIDENTIAL PRIMARY ELECTION OF SUCH POLITICAL PARTY

(6)

THE SECRETARY OF STATE MAY BY RULE ADOPT ADDITIONAL BALLOT REQUIREMENTS NECESSARY TO AVOID VOTER

CONFUSION IN VOTING IN PRESIDENTIAL PRIMARY ELECTIONS

Proposition 107: Presidential Primary Elections 61

ANALYSES

TITLES AND TEXT

(7) THE STATE SHALL REIMBURSE THE COUNTIES FOR ALL EXPENSES INCURRED AND SHOWN TO BE DIRECTLY

ATTRIBUTABLE TO THE PREPARATION AND CONDUCT OF THE PRESIDENTIAL PRIMARY ELECTION IN THE SAME MANNER

AS THE STATE REIMBURSES COUNTIES FOR STATE BALLOT ISSUES IN SECTION

1-5-505.5; EXCEPT THAT THE

REIMBURSEMENT MUST BE BASED ON THE NUMBER OF ACTIVE REGISTERED ELECTORS PARTICIPATING IN THE

PRESIDENTIAL PRIMARY ELECTION AS OF THE DAY OF THE PRESIDENTIAL PRIMARY ELECTION

. THE GENERAL

ASSEMBLY SHALL MAKE APPROPRIATIONS TO THE DEPARTMENT OF STATE FROM THE DEPARTMENT OF STATE CASH

FUND OR FROM THE GENERAL FUND FOR THE PURPOSE OF REIMBURSING COUNTIES UNDER THE TERMS OF THIS

SECTION IN CONFORMITY WITH SECTION

24-21-104.5.

1-4-1204. Names on ballots. (1)

NOT LATER THAN SIXTY DAYS BEFORE THE PRESIDENTIAL PRIMARY

ELECTION

, THE SECRETARY OF STATE SHALL CERTIFY THE NAMES AND PARTY AFFILIATIONS OF THE CANDIDATES TO

BE PLACED ON ANY PRESIDENTIAL PRIMARY ELECTION BALLOTS

. THE ONLY CANDIDATES WHOSE NAMES SHALL BE

PLACED ON BALLOTS FOR THE ELECTION SHALL BE THOSE CANDIDATES WHO

(a) A

RE ELIGIBLE TO RECEIVE PAYMENTS PURSUANT TO THE FEDERAL "PRESIDENTIAL PRIMARY M ATCHING PAYMENT

ACCOUNT ACT", 26 U.S.C. SEC. 9031 ET SEQ., OR ANY SUCCESSOR SECTION OF FEDERAL LAW, AT THE TIME

CANDIDATES

' NAMES ARE TO BE CERTIFIED BY THE SECRETARY OF STATE PURSUANT TO THIS SUBSECTION (1);

(b) A

RE SEEKING THE NOMINATION FOR PRESIDENT OF A POLITICAL PARTY AS A BONA FIDE CANDIDATE FOR PRESIDENT

OF THE

UNITED STATES PURSUANT TO POLITICAL PARTY RULES AND ARE AFFILIATED WITH A MAJOR POLITICAL PARTY THAT

RECEIVED AT LEAST TWENTY PERCENT OF THE VOTES CAST BY ELIGIBLE ELECTORS IN

COLORADO AT THE LAST

PRESIDENTIAL ELECTION

; AND

AVE SUBMITTED TO THE SECRETARY, BY THE SECOND DAY OF JANUARY IN THE YEAR OF THE PRESIDENTIAL

PRIMARY ELECTION

, A NOTARIZED CANDIDATE'S STATEMENT OF INTENT TOGETHER WITH EITHER A NONREFUNDABLE FILING

FEE OF FIVE HUNDRED DOLLARS OR A PETITION SIGNED BY AT LEAST FIVE THOUSAND ELIGIBLE ELECTORS OF THE

CANDIDATE

'S POLITICAL PARTY WHO RESIDE IN THE STATE. CANDIDATE PETITIONS MUST MEET THE REQUIREMENTS OF PARTS

8 AND 9 OF THIS ARTICLE, AS APPLICABLE.

(2) T

HE NAMES OF CANDIDATES APPEARING ON ANY PRESIDENTIAL PRIMARY BALLOT MUST BE IN AN ORDER

DETERMINED BY LOT

. THE SECRETARY OF STATE SHALL DETERMINE THE METHOD OF DRAWING LOTS.

(3) E

XCEPT AS OTHERWISE PROHIBITED BY POLITICAL PARTY RULES, THE STATE CHAIRPERSON OF A POLITICAL PARTY

MAY REQUEST THE SECRETARY TO PROVIDE A PLACE ON THE PRIMARY BALLOT FOR ELECTORS WHO HAVE NO PRESIDENTIAL

CANDIDATE PREFERENCE TO REGISTER A VOTE TO SEND A NONCOMMITTED DELEGATE TO THE POLITICAL PARTY

'S NATIONAL

CONVENTION

. TO BE VALID, THIS REQUEST MUST BE RECEIVED BY THE SECRETARY OF STATE NO LATER THAN SEVENTY DAYS

BEFORE THE PRESIDENTIAL PRIMARY ELECTION

(4) A

NY CHALLENGE TO THE LISTING OF ANY CANDIDATE ON THE PRESIDENTIAL PRIMARY ELECTION BALLOT MUST BE

MADE IN WRITING AND FILED WITH THE SECRETARY NO LATER THAN FIVE DAYS AFTER THE FILING DEADLINE FOR

CANDIDATES

. ANY SUCH CHALLENGE MUST PROVIDE NOTICE IN WRITING IN A SUMMARY MANNER OF AN ALLEGED

IMPROPRIETY THAT GIVES RISE TO THE COMPLAINT

. THE SECRETARY SHALL ADDRESS BY RULE OTHER REQUIREMENTS OF A

VALID CHALLENGE

. IN RESPONSE TO A VALID CHALLENGE BROUGHT UNDER THIS SUBSECTION (4), THE SECRETARY SHALL

TRANSMIT NOTICE OF THE CHALLENGE FORTHWITH TO ALL CANDIDATES APPEARING ON THE PRESIDENTIAL PRIMARY BALLOT

AND TO THE STATE CHAIRPERSON OF EACH MAJOR POLITICAL PARTY

. NO LATER THAN FIVE DAYS AFTER THE CHALLENGE IS

FILED

, A HEARING MUST BE HELD AT WHICH TIME THE SECRETARY SHALL HEAR THE CHALLENGE AND ASSESS THE VALIDITY OF

ALL ALLEGED IMPROPRIETIES

. THE SECRETARY SHALL ISSUE FINDINGS OF FACT AND CONCLUSIONS OF LAW NO LATER THAN

FORTY

-EIGHT HOURS AFTER THE HEARING. THE PARTY FILING THE CHALLENGE HAS THE BURDEN TO SUSTAIN THE

CHALLENGE BY A PREPONDERANCE OF THE EVIDENCE

. THE SECRETARY OF STATE'S DECISIONS UPON MATTERS OF

SUBSTANCE ARE OPEN TO REVIEW

, IF PROMPT APPLICATION IS MADE, AS PROVIDED IN SECTION 1-1-113.

1-4-1205. Write-in candidate affidavit for presidential primary. A

WRITE-IN VOTE FOR ANY CANDIDATE ON THE

PRESIDENTIAL PRIMARY BALLOT SHALL NOT BE COUNTED UNLESS THE CANDIDATE FOR WHOM THE WRITE

-IN VOTE WAS CAST

HAS FILED A NOTARIZED CANDIDATE

'S STATEMENT OF INTENT TO SEEK THE OFFICE OF PRESIDENT OF THE UNITED STATES.

ANY SUCH AFFIDAVIT MUST BE ACCOMPANIED BY A NONREFUNDABLE FEE OF FIVE HUNDRED DOLLARS AND MUST BE FILED

WITH THE SECRETARY OF STATE NO LATER THAN THE CLOSE OF BUSINESS ON THE SIXTY

-SEVENTH DAY BEFORE THE

PRESIDENTIAL PRIMARY ELECTION

62 Proposition 107: Presidential Primary Elections

1-4-1206. Presidential primary ballots - survey of returns. EACH COUNTY CLERK AND RECORDER SHALL

SURVEY ALL RETURNS RECEIVED FROM THE PRESIDENTIAL PRIMARY ELECTION IN ALL COUNTY PRECINCTS

, AS PROVIDED IN

THIS TITLE

, AND SHALL CERTIFY THE RESULTS OF THE PRESIDENTIAL PRIMARY ELECTION TO THE SECRETARY NO LATER THAN

THIRTEEN DAYS AFTER THE ELECTION

1-4-1207. Election results – certification – pledging of delegates. (1) T

HE SECRETARY SHALL COMPILE THE

NUMBER OF VOTES CAST FOR EACH CANDIDATE NAMED ON THE PRESIDENTIAL PRIMARY ELECTION BALLOT AND THE VOTES

CAST TO SEND A NONCOMMITTED DELEGATE TO THE POLITICAL PARTY

'S NATIONAL CONVENTION, IF APPLICABLE, AND SHALL

CALCULATE THE PERCENTAGE OF VOTES RECEIVED BY EACH CANDIDATE AS COMPARED TO THE NUMBER OF VOTES

RECEIVED BY ALL CANDIDATES OF THE SAME POLITICAL PARTY

(2) T

HE SECRETARY SHALL CERTIFY THE RESULTS AND PERCENTAGES CALCULATED PURSUANT TO SUBSECTION (1) OF

THIS SECTION TO THE STATE CHAIRPERSON AND THE NATIONAL COMMITTEE OF EACH POLITICAL PARTY WHICH HAD AT LEAST

ONE CANDIDATE ON THE PRESIDENTIAL PRIMARY ELECTION BALLOT

(3)

EACH POLITICAL PARTY SHALL USE THE RESULTS OF THE ELECTION RESULTS TO ALLOCATE ALL NATIONAL DELEGATE

VOTES TO THE PRESIDENTIAL PRIMARY CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES AND TO BIND MEMBERS OF

THE STATE

'S DELEGATION TO VOTE FOR THAT CANDIDATE AT THE PARTY'S NATIONAL CONVENTION.

SECTION 3. In Colorado Revised Statutes, 1-2-218.5, amend (2) as follows:

1-2-218.5. Declaration of affiliation. (2) Any eligible elector who has not declared an

affiliation with a political

party or political organization shall be designated on the registration records

of the county clerk and recorder as

"unaffiliated". Any unaffiliated eligible elector may declare a political party affiliation when the elector desires to

vote at a primary election, as provided in section 1-7-201(2), or the elector may declare his or her political party or

political organization affiliation at any

other time during which electors are permitted to register by submitting a

letter or a form furnished by

the county clerk and recorder, either by mail, or in person, OR ONLINE IN ACCORDANCE

WITH SECTION 1-2-202.5. AN UNAFFILIATED ELIGIBLE ELECTOR NEED NOT DECLARE AN AFFILIATION TO VOTE IN A

PRESIDENTIAL PRIMARY ELECTION

SECTION 4. In Colorado Revised Statutes, 24-21-104.5, amend as follows:

24-21-104.5. General fund appropriation - cash fund appropriation - elections. The general

assembly is

authorized to appropriate moneys from the department of state cash fund to the department

of state to cover the

costs of the local county clerk and recorders relating to the conduct of

PRESIDENTIAL PRIMARY ELECTIONS, general

elections, and November odd-year elections. If the amount

of moneys in the department of state cash fund is

insufficient to cover such costs, the general assembly

may appropriate additional general fund moneys to cover

such costs after exhausting all moneys in the

department of state cash fund. The intent of the general assembly is

to authorize the appropriation of

department of state cash fund moneys and general fund moneys to the

department of state to offset

some of the costs of local county clerk and recorders associated with the additional

election duties and requirements resulting

FROM THE PREPARATION AND CONDUCT OF PRESIDENTIAL PRIMARY

ELECTIONS AND

from the passage of section 20 of article X of the state constitution and from the increased number

of initiatives that are being filed.

SECTION 5. In Colorado Revised Statutes, 1-3-102, amend (1)(a)(III) as follows:

1-3-102. Precinct caucuses. (1) (a) (III) In a year in which a presidential election will be held, a

political party

may, by decision of its state central committee, hold its precinct caucuses on the first

Tuesday in February

SATURDAY FOLLOWING THE PRESIDENTIAL PRIMARY ELECTION. The committee

shall notify the secretary of state and

the clerk and recorder of each county in the state of the decision

within five days after the decision.

Proposition 107: Presidential Primary Elections 63

ANALYSES

TITLES AND TEXT

SECTION 6. In Colorado Revised Statutes, 1-4-801, add (6) as follows:

1-4-801. Designation of party candidates by petition. (6)

A CANDIDATE FOR A PRESIDENTIAL PRIMARY

ELECTION SHALL NOT BEGIN CIRCULATING PETITIONS BEFORE THE FIRST

MONDAY IN NOVEMBER OF THE YEAR

PRECEDING THE YEAR IN WHICH THE PRESIDENTIAL PRIMARY ELECTION IS HELD

. A CANDIDATE MUST FILE A PETITION

NO LATER THAN THE SECOND DAY OF

JANUARY IN THE YEAR OF THE PRESIDENTIAL PRIMARY ELECTION.

SECTION 7. Effective date - applicability. This measure shall apply to any presidential primary

election conducted after the effective date of this measure as declared by proclamation of the governor.

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Proposition 108: Unaffiliated Voter Participation in Primary Elections 65

ANALYSES

TITLES AND TEXT

Proposition 108

Unaffiliated Voter Participation

in Primary Elections

ANALYSIS

Proposition 108 proposes amending the Colorado statutes to:

 change the primary election process in Colorado to allow unaffiliated voters to vote in a

nonpresidential primary election of a single political party; and

 allow political parties to opt out of holding a primary election and instead choose to nominate

candidates by assembly or convention.

Summary and Analysis

Background. Under current law, a voter must be affiliated with a political party in order to vote in that party's

primary election. Unaffiliated voters, sometimes referred to as independent voters, are not registered members of

any political party. An unaffiliated voter may affiliate with a political party at any point up to, and including election

day, and be eligible under current law to participate in a party's primary election. In Colorado, primary elections to

select party nominees for state, county, and federal offices other than president (nonpresidential primaries) are

held on the last Tuesday in June in even-numbered years. These primary elections are conducted by county

election officials at a cost of about $5.0 million every two years.

Primary election process open to unaffiliated voters. Under Proposition 108, voters will no longer be

required to affiliate with a political party in order to vote in a party's nonpresidential primary election. Instead,

unaffiliated voters will receive a combined ballot that shows all candidates for elected office for each political

party. The combined ballot must clearly separate candidates for each political party, and unaffiliated voters may

only vote in contests for one political party. If a voter selects candidates of more than one political party on the

combined ballot, his or her ballot will not be counted. In counties that determine that a combined ballot is not

practical, unaffiliated voters will receive separate ballots for all major political parties participating in the primary

election and may return the ballot for one party.

Option for closed party nominations. The measure allows political parties, which are private organizations,

to opt out of holding a primary election that is open to unaffiliated voters. Instead, they may choose to nominate

candidates in an assembly or convention that is limited to voters affiliated with that party. The decision to opt out

of holding a primary election must be made by the party's state central committee by a three-fourths majority vote.

Impact on minor parties. Under current law, the Democratic and Republican Parties, having met certain

vote thresholds in prior elections, are classified as major parties; all other parties, such as the American

Constitution Party, the Green Party, and the Libertarian Party, are classified as minor parties. Under

Proposition 108, minor parties participating in the primary election will be included on the combined ballot sent to

unaffiliated voters. However, a minor party may opt to exclude unaffiliated voters from participating in its primary

election. In such cases, only voters affiliated with the minor party will receive that party's primary election ballot.

The provision allowing the exclusion of unaffiliated voters only applies to minor parties.

For information on those issue committees that support or oppose the

measures on the ballot at the November 8, 2016, election, go to the

Colorado Secretary of State's elections center web site hyperlink for

ballot and initiative information:

http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html

66 Proposition 108: Unaffiliated Voter Participation in Primary Elections

Arguments For

1) Proposition 108 gives unaffiliated voters, who are Colorado taxpayers, the opportunity to vote in publicly

financed primary elections. Unaffiliated voters make up more than one-third of all registered voters in the state.

Proposition 108 gives unaffiliated voters a role in selecting candidates for the general election and makes voting

in primary elections easier and more accessible for these voters.

2) Allowing unaffiliated voters to participate in primary elections may result in candidates who better

represent all Coloradans. In a closed primary, voter participation is typically low and the candidates selected

often appeal to a small number of their party's more active members. Opening the primary election may result in

candidates who are more responsive to a broader range of interests.

Arguments Against

1) Proposition 108 uses a combined ballot system for unaffiliated voters that will likely result in about

7 percent of unaffiliated voter ballots not being counted, which could change election winners, and would raise

costs for taxpayers. On a combined ballot, unaffiliated voters must vote for only one party's candidates. People

who vote for candidates in both parties will have their ballots disqualified, and their ballots will not be counted. In

Washington state, where combined ballots are used, 7 percent of ballots are disqualified. This can change

election results, and may result in contested elections and litigation. Producing and processing a separate

combined ballot only for unaffiliated voters creates administrative and financial burdens for counties, especially

smaller or rural counties.

2) Colorado law already allows unaffiliated voters who wish to vote in a political party's primary election to

easily change their party affiliation at any point during the election, up to and including on election day. Political

parties are membership organizations that have the right to select their own candidates without influence from

people who choose not to affiliate with the party.

Estimate of Fiscal Impact

State government spending. Proposition 108 increases state spending by $160,000, with costs split evenly

between budget year 2016-17 and budget year 2017-18. This is a one-time cost for the Secretary of State's

Office to make information technology system modifications to the statewide voter database and other voting

systems.

Local government spending. Proposition 108 increases local government spending by counties by

$750,000 every two years by requiring that ballots be mailed to unaffiliated voters and eliminating a required

notification currently sent to unaffiliated voters prior to a primary election. This estimate assumes that all political

parties continue to nominate candidates through the primary election process. In the event some or all political

parties opt out of conducting primary elections and instead choose to nominate candidates by assembly or

convention, counties may have total statewide savings of up to $5.0 million every two years.

Proposition 108: Unaffiliated Voter Participation in Primary Elections 67

ANALYSES

TITLES AND TEXT

Proposition 108

Unaffiliated Voter Participation

in Primary Elections

TITLE AND TEXT

The ballot title below is a summary drafted by the professional staff of the offices of the secretary of

state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot

title will not appear in the Colorado Revised Statutes. The text of the measure that will appear in the

Colorado Revised Statutes below was drafted by the proponents of the initiative. The initiated measure is

included on the ballot as a proposed change to current law because the proponents gathered the required

amount of petition signatures.

Ballot Title:

Shall there be a change to the Colorado Revised Statutes concerning the process of selecting candidates

representing political parties on a general election ballot, and, in connection therewith, allowing an unaffiliated

elector to vote in the primary election of a political party without declaring an affiliation with that party and

permitting a political party in specific circumstances to select all of its candidates by assembly or convention

instead of by primary election?

Text of Measure:

Be it Enacted by the People of the State of Colorado:

SECTION 1. Declaration of the people of Colorado

ECAUSE PRIMARY ELECTIONS ARE PAID FOR BY TAXPAYERS, ALL ELIGIBLE VOTERS WHO WANT THEIR VOICES TO BE

HEARD SHOULD BE ABLE TO VOTE IN THOSE ELECTIONS

URRENTLY, THE 35% OF COLORADO VOTERS WHO ARE INDEPENDENT OF A POLITICAL PARTY MUST JOIN A PARTY IF

THEY WANT TO PARTICIPATE IN THE SELECTION OF OUR GENERAL ELECTION CANDIDATES

. IN FACT, COLORADO IS IN THE

MINORITY OF STATES THAT LIMIT PARTICIPATION IN PRIMARY ELECTIONS TO ONLY THOSE AFFILIATED WITH A MAJOR

POLITICAL PARTY

ECAUSE PRIMARY ELECTION TURNOUT IS DECLINING, INVOLVING MORE VOTERS CAN INCREASE PARTICIPATION AND

ENCOURAGE CANDIDATES WHO ARE RESPONSIVE TO THE VIEWPOINTS OF MORE

COLORADANS.

CCORDINGLY, ALL VOTERS SHOULD BE ALLOWED TO VOTE IN STATE AND LOCAL PRIMARY ELECTIONS WITH THE SAME

EASE AS THOSE VOTERS AFFILIATED WITH A MAJOR POLITICAL PARTY

SECTION 2. In Colorado Revised Statutes, 1-2-218.5, amend (2) as follows:

1-2-218.5. Declaration of affiliation. (2) Any eligible elector who has not declared an

affiliation with a political

party or political organization shall be designated on the registration records

of the county clerk and recorder as

"unaffiliated". Any unaffiliated eligible elector may,

BUT IS NOT REQUIRED TO, declare a political party affiliation when

the elector desires to vote at a primary election,

as provided in section 1-7-201 (2), or the elector may declare his

or her political party or political organization affiliation at any other time during which electors are permitted to

letter or a form furnished by the county clerk and recorder, either by mail, or in person, OR

ONLINE IN ACCORDANCE WITH SECTION 1-2-202.5.

SECTION 3. In Colorado Revised Statutes, 1-4-101, amend (2) as follows:

1-4-101. Primary elections - when - nominations - expenses. (2) Each political party that is

entitled to

participate in the primary election shall have a separate party ballot

FOR USE BY ELECTORS AFFILIATED WITH THAT

POLITICAL PARTY

. IN ADDITION, ALL POLITICAL PARTIES THAT ARE ENTITLED TO PARTICIPATE IN THE PRIMARY ELECTION SHALL

HAVE THEIR CANDIDATES PLACED ON A SINGLE COMBINED BALLOT TO BE USED BY UNAFFILIATED ELECTORS THAT CONTAINS

68 Proposition 108: Unaffiliated Voter Participation in Primary Elections

THE NAMES OF THE CANDIDATES OF EACH OF THE POLITICAL PARTIES AND THAT ARE CLEARLY AND CONSPICUOUSLY

SEGREGATED FROM THE NAMES OF THE CANDIDATES OF ANY OTHER POLITICAL PARTY

. ALL CANDIDATES OF A POLITICAL

PARTY SHALL BE GROUPED TOGETHER AND SEPARATED BY THE OFFICE EACH CANDIDATE IS SEEKING

. SUCH BALLOTS SHALL

CLEARLY ADVISE THAT AN ELECTOR MAY CAST THE BALLOT OF ONLY ONE MAJOR POLITICAL PARTY AND THAT ANY BALLOT IN

WHICH VOTES HAVE BEEN CAST IN THE PRIMARY OF MORE THAN ONE PARTY SHALL BE VOID AND NOT COUNTED

. HOWEVER,

AN ELECTOR IS NOT REQUIRED TO VOTE IN THE SAME PARTY PRIMARY AS THE ELECTOR VOTED IN AS PART OF A

PRESIDENTIAL PRIMARY ELECTION OCCURRING IN THAT SAME YEAR

, IF SUCH AN ELECTION IS HELD;

(a)

IF IT IS NOT PRACTICABLE FOR A COUNTY TO USE A SINGLE COMBINED BALLOT THAT CONTAINS THE NAMES OF THE

CANDIDATES OF EACH OF THE POLITICAL PARTIES

, THE COUNTY CLERK AND RECORDER SHALL SEND TO ALL ACTIVE

ELECTORS IN THE COUNTY WHO HAVE NOT DECLARED AN AFFILIATION WITH A POLITICAL PARTY A MAILING THAT CONTAINS

THE BALLOTS OF ALL OF THE MAJOR POLITICAL PARTIES

. IN THIS MAILING, THE CLERK SHALL ALSO PROVIDE WRITTEN

INSTRUCTIONS ADVISING THE ELECTOR OF THE MANNER IN WHICH THE ELECTOR WILL BE IN COMPLIANCE WITH THE

REQUIREMENTS OF THIS CODE IN SELECTING AND CASTING THE BALLOT OF A MAJOR POLITICAL PARTY

. AN ELECTOR MAY

CAST THE BALLOT OF ONLY ONE MAJOR POLITICAL PARTY

. AFTER SELECTING AND CASTING A BALLOT OF A SINGLE MAJOR

POLITICAL PARTY

, THE ELECTOR SHALL RETURN THE BALLOT TO THE CLERK. IF AN ELECTOR CASTS AND RETURNS TO THE

CLERK THE BALLOT OF MORE THAN ONE MAJOR POLITICAL PARTY

, ALL SUCH BALLOTS RETURNED WILL BE VOID AND WILL NOT

BE COUNTED

(b)

THE SECRETARY OF STATE MAY BY RULE ADOPT ADDITIONAL BALLOT REQUIREMENTS NECESSARY TO AVOID VOTER

CONFUSION IN VOTING IN PRIMARY ELECTIONS

(

C) The primary election of all political parties shall be held at the same time and shall be conducted by

the

same election officials.

SECTION 4. In Colorado Revised Statutes, 1-4-502, amend (1) as follows:

1-4-502. Methods of nomination for partisan candidates. (1) Except as otherwise provided in

paragraphs

(b) and (c) of subsection (3) of this section, nominations for United States senator,

representative in congress,

governor, lieutenant governor, secretary of state, state treasurer, attorney

general, member of the state board of

education, regent of the university of Colorado, member of the

general assembly, district attorney, and all county

officers to be elected at the general election may be

made by primary election UNDER SECTION 1-4-101 OR BY

ASSEMBLY OR CONVENTION UNDER SECTION

1-4-702 by major political parties, by petition for nomination as provided

in section 1-4-802, or by a

minor political party as provided in section 1-4-1304.

SECTION 5. In Colorado Revised Statutes, add 1-4-702 as follows:

1-4-702. Nominations of candidates for general election by convention. (1)

NOTWITHSTANDING ANY OTHER

PROVISION OF LAW

, A POLITICAL PARTY MAY CHOOSE TO CHANGE FROM THE NOMINATION OF CANDIDATES BY PRIMARY

ELECTION TO THE NOMINATION OF CANDIDATES BY ASSEMBLY OR CONVENTION FOR ALL OFFICES INCLUDING

, BUT NOT

LIMITED TO

, UNITED STATES SENATOR, REPRESENTATIVE IN CONGRESS, ALL ELECTIVE STATE, DISTRICT, AND COUNTY

OFFICERS

, AND MEMBERS OF THE GENERAL ASSEMBLY IF AT LEAST THREE-FOURTHS OF THE TOTAL MEMBERSHIP OF THE

PARTY

'S STATE CENTRAL COMMITTEE VOTES TO USE THE ASSEMBLY OR CONVENTION NOMINATION PROCESS; EXCEPT THAT

NOMINATIONS BY MAJOR POLITICAL PARTIES FOR CANDIDATES FOR LIEUTENANT GOVERNOR SHALL BE MADE BY THE

PARTY

'S CANDIDATE FOR GOVERNOR PURSUANT TO SECTION 1-4-502 (3). SUCH VOTE OF THE PARTY CENTRAL COMMITTEE

SHALL OCCUR NO LATER THAN

OCTOBER 1 OF THE YEAR PRECEDING THE YEAR IN WHICH AN ASSEMBLY OR CONVENTION

NOMINATING PROCESS IS TO BE USED

(2)

A POLITICAL PARTY NOMINATING CANDIDATES BY PARTY ASSEMBLY OR CONVENTION SHALL NOMINATE THE

CANDIDATES OF THE PARTY AND MAKE SUCH NOMINATIONS PUBLIC NOT LATER THAN SEVENTY

-FIVE DAYS BEFORE THE

GENERAL ELECTION

(3)

WHICHEVER METHOD OF CANDIDATE SELECTION IS CHOSEN BY A MAJOR POLITICAL PARTY AS BETWEEN PRIMARY

ELECTION

, ASSEMBLY OR CONVENTION, ALL OF THE CANDIDATES FOR THAT PARTY AT ANY LEVEL OF OFFICE IN THAT

ELECTION YEAR MUST BE SELECTED BY SUCH METHOD

, EXCEPT THAT THE REQUIREMENTS OF THIS PROVISION SHALL NOT

APPLY TO A PRIMARY FOR PRESIDENT OF THE UNITED STATES IF SUCH AN ELECTION IS HELD

SECTION 6. In Colorado Revised Statutes, 1-4-1002, amend (2.3)(a) as follows:

1-4-1002. Vacancies in designation or nomination. (2.3)(a) A vacancy in a party nomination,

other than a

vacancy for a party nomination for lieutenant governor for a general election occurring

after January 1, 2001, that

occurs after the day of the primary election or

AFTER NOMINATION BY ASSEMBLY OR CONVENTION UNDER SECTION 1-4-

702 and more than eighteen days before the general

election may be filled by the respective party assembly

vacancy committee of the district, county, or

state, as appropriate, depending upon the office for which the vacancy

in nomination has occurred in

accordance with the provisions of subsection (9) of this section. A vacancy in a party

nomination for

lieutenant governor for a general election occurring after January 1, 2001, shall be filled by a

replacement candidate for lieutenant governor nominated by the party's candidate for governor. A

vacancy may be

caused by the declination, death, disqualification, resignation, or withdrawal of the

person nominated at the primary

election or by the declination, death, disqualification, resignation, or

withdrawal of an elective officer after a primary

election at which a nomination could have been made

for the office had the vacancy then existed. No person is

eligible for appointment to fill a vacancy in

the party nomination unless the person meets all of the requirements of

candidacy as of the date of the

primary election. When a vacancy is filled pursuant to this paragraph (a), the

designated election

official shall provide notice by publication of the replacement nomination in the same manner

as the

notice required by section 1-5-205.

SECTION 7. In Colorado Revised Statutes, 1-4-1304, amend (1.5)(c) as follows:

1-4-1304. Nomination of candidates. (1.5) (c) If an assembly designates more than one

candidate for an

office, or if an assembly designates one or more candidates and one or more

candidates qualifies by petition, the

candidate of the minor political party for that office shall be

nominated at a primary election held in accordance with

this code.

A MINOR POLITICAL PARTY MAY PROHIBIT UNAFFILIATED ELECTORS FROM VOTING IN THE PARTY'S PRIMARY

ELECTION SO LONG AS THE PROHIBITION IS IN ACCORDANCE WITH THE PARTY

'S CONSTITUTION, BYLAWS, OR OTHER

APPLICABLE RULES

. ANY MINOR PARTY CHOOSING TO PROHIBIT UNAFFILIATED ELECTORS FROM VOTING IN ITS PRIMARY

ELECTION MUST NOTIFY THE SECRETARY OF STATE OF THE PROHIBITION NOT LESS THAN SEVENTY

-FIVE DAYS PRIOR TO THE

PRIMARY ELECTION

SECTION 8. In Colorado Revised Statutes, 1-5-402, add (2) as follows:

1-5-402. Primary election ballots. (2)

NO LATER THAN FORTY-FIVE DAYS BEFORE THE PRIMARY ELECTION, THE

COUNTY CLERK AND RECORDER SHALL PREPARE A COMBINED PRIMARY ELECTION BALLOT TO BE USED BY UNAFFILIATED

ELECTORS

. THE BALLOT MUST BE PRINTED IN THE FOLLOWING MANNER:

(a)

ALL OFFICIAL BALLOTS MUST BE PRINTED ACCORDING TO THE PROVISIONS OF SECTIONS 1-4-101, 1-5-407,

AND

1-5-408. ACROSS THE TOP OF EACH BALLOT THE WORDS "PRIMARY ELECTION BALLOT FOR U NAFFILIATED VOTERS"

SHALL BE PRINTED

(b)

THE POSITIONS OF CANDIDATES ON THE BALLOTS TO BE USED BY UNAFFILIATED ELECTORS MUST BE ARRANGED IN

THE ORDER SPECIFIED IN PARAGRAPH

(b) OF SUBSECTION (1) OF THIS SECTION; EXCEPT THAT THE CANDIDATES OF EACH

POLITICAL PARTY MUST BE CLEARLY AND CONSPICUOUSLY SEGREGATED FROM THE CANDIDATES OF ANY OTHER POLITICAL

PARTY AND GROUPED TOGETHER ACCORDING TO SECTION

1-4-101(2).

SECTION 9. In Colorado Revised Statutes, 1-7-201, amend (2); and add (2.3) as follows:

1-7-201. Voting at primary election. (2) If the name is found on the registration list, the

election judge having

charge of the list shall likewise repeat the elector's name and present the elector

with the party ballot of the political

party affiliation last recorded. If unaffiliated, the eligible elector

shall openly declare to the election judges the name

of the political party with which the elector wishes

to affiliate, complete the approved form for voter registration

information changes, and initial the registration list in the space provided. Declaration of affiliation with a political

party shall be separately

dated and signed or dated and initialed by the eligible elector in such manner that the

elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall

deliver the appropriate party ballot to the eligible elector. Eligible electors who decline to state an

affiliation with a

political party that is participating in the primary shall not be entitled to vote at the

primary election.

(2.3)

AN ELIGIBLE UNAFFILIATED ELECTOR IS ENTITLED TO VOTE IN THE PRIMARY ELECTION OF A MAJOR POLITICAL

PARTY WITHOUT AFFILIATING WITH THAT POLITICAL PARTY

. TO VOTE IN A POLITICAL PARTY'S PRIMARY ELECTION WITHOUT

DECLARING AN AFFILIATION WITH THE POLITICAL PARTY

, ANY ELIGIBLE UNAFFILIATED ELECTOR SHALL BE GIVEN A COMBINED

BALLOT

, IF APPLICABLE. IF A COMBINED BALLOT IS NOT AVAILABLE, THE ELECTOR SHALL DECLARE TO THE ELECTION JUDGES

70 Proposition 108: Unaffiliated Voter Participation in Primary Elections

THE NAME OF THE POLITICAL PARTY IN WHOSE PRIMARY ELECTION THE ELECTOR WISHES TO VOTE. THEREUPON, THE

ELECTION JUDGES SHALL DELIVER THE APPROPRIATE PARTY BALLOT TO THE ELECTOR

. IN ADDITION, ANY ELIGIBLE

UNAFFILIATED ELECTOR MAY OPENLY DECLARE TO THE ELECTION JUDGES THE NAME OF THE POLITICAL PARTY WITH WHICH

THE ELECTOR WISHES TO AFFILIATE AND COMPLETE THE NECESSARY FORMS

. AN ELIGIBLE ELECTOR MUST SEPARATELY

DATE AND SIGN OR DATE AND INITIAL A DECLARATION OF AFFILIATION WITH A POLITICAL PARTY FORM IN SUCH MANNER THAT

THE ELECTOR CLEARLY ACKNOWLEDGES THAT THE AFFILIATION HAS BEEN PROPERLY RECORDED

. THEREUPON, THE

ELECTION JUDGES SHALL DELIVER THE APPROPRIATE PARTY BALLOT TO THE ELIGIBLE ELECTOR

SECTION 10. In Colorado Revised Statutes, 1-7.5-107, delete (2.3); and amend (2.5)(a)(II) as

follows:

1-7.5-107. Procedures for conducting mail ballot election - primary elections - first-time

voters casting

a mail ballot after having registered by mail to vote - in-person request for ballot -

repeal. (2.3) (a) Not less

than thirty days nor more than forty-five days before a primary election, the county

clerk and recorder shall mail a

notice by forwardable mail to each unaffiliated active registered eligible

elector.

(b) The notice shall indicate that the unaffiliated elector has the ability to and must affiliate with a

political party

in order to vote in the primary election.

political party.

(d) The notice may be included with any other communication by mail from the county clerk and

recorder to

electors within the county.

(2.5) (a) (II) For a primary mail ballot election, in addition to the items described in the notice required

subparagraph (I) of this paragraph (a), such notice shall advise eligible electors who are not

affiliated with a

political party of the ability to declare an affiliation with a political party and vote in

the primary election VOTE IN THE

PRIMARY ELECTION OF ANY POLITICAL PARTY. THE NOTICE MUST CLEARLY AND CONSPICUOUSLY ADVISE ELECTORS THAT ANY

PRIMARY BALLOT CONTAINING VOTES FOR A CANDIDATE OF MORE THAN ONE POLITICAL PARTY SHALL NOT BE COUNTED

SECTION 11. In Colorado Revised Statutes, 1-7.5-116, amend (1) (b) as follows:

1-7.5-116. Applications for absentee ballot. (1) (b) If the application is made for a primary

election ballot, the

application shall name the political party with which the applicant is affiliated or

wishes to affiliate, OR, IF THE

APPLICANT IS UNAFFILIATED, THE APPLICATION MUST EITHER NAME THE POLITICAL PARTY WITH WHICH THE APPLICANT

WISHES TO AFFILIATE OR MUST STATE THAT THE APPLICANT WISHES TO REMAIN UNAFFILIATED AND RECEIVE AN

UNAFFILIATED PRIMARY ELECTION BALLOT

, OR IF SUCH COMBINED BALLOT IS NOT AVAILABLE, THE BALLOTS FOR EACH PARTY

PRIMARY ALONG WITH NOTICE THAT THE ELECTOR SHALL VOTE IN ONLY ONE PRIMARY

SECTION 12. In Colorado Revised Statutes, 1-8.5-101, amend (5) as follows:

1-8.5-101. Provisional ballot - entitlement to vote. (5)

ANY UNAFFILIATED ELECTOR AT A PRIMARY ELECTION MAY

CAST A REGULAR PARTY BALLOT UPON REQUESTING SUCH BALLOT FROM AN ELECTION JUDGE IN ACCORDANCE WITH

SECTION

1-7-201 (2.3). Any unaffiliated elector at a primary election may ALSO cast a regular party ballot upon

openly declaring to the election judge the name of

the political party with which the elector wishes to affiliate

pursuant to section 1-2-218.5 or 1-7-201.

NOTHING IN THIS SECTION REQUIRES A MINOR POLITICAL PARTY TO ALLOW AN

UNAFFILIATED ELECTOR TO VOTE IN THE PRIMARY ELECTION OF SUCH POLITICAL PARTY

SECTION 13. Effective date - applicability. This measure applies to any primary election conducted

after

the effective date of this measure as declared by proclamation of the governor.

LOCAL ELECTION OFFICES

Adams

4430 S. Adams County Pkwy., Suite E3102, Brighton, CO 80601

(720) 523-6500

Alamosa

8999 Independence Way, Alamosa, CO 81101

(719) 589-6681

Arapahoe

5334 S. Prince St., Littleton, CO 80120

(303) 795-4511

Archuleta

449 San Juan St., Pagosa Springs, CO 81147

(970) 264-8331

Baca

741 Main St., Suite 3, Springfield, CO 81073

(719) 523-4372

Bent

725 Bent Ave., Las Animas, CO 81054

(719) 456-2009

Boulder

1750 33rd St., Suite 200, Boulder, CO 80301

(303) 413-7740

Broomfield

1 Descombes Dr., Broomfield, CO 80020

(303) 464-5857

Chaffee

104 Crestone Ave., Salida, CO 81201

(719) 539-4004

Cheyenne

51 S. 1st St. E., Cheyenne Wells, CO 80810

(719) 767-5685

Clear Creek

405 Argentine St., Georgetown, CO 80444

(303) 679-2339

Conejos

6683 County Rd. 13, Antonito, CO 81120

(719) 376-5422

Costilla

400 Gasper St., Suite 101, San Luis, CO 81152

(719) 937-7671

Crowley

631 Main St., Suite 102, Ordway, CO 81063

(719) 267-5225

Custer

205 S. 6th St., Westcliffe, CO 81252

(719) 783-2441

Delta

501 Palmer St., Suite 211, Delta, CO 81416

(970) 874-2150

Denver

200 W. 14th Ave., Suite 100, Denver, CO 80204

(720) 913-8683

Dolores

409 N. Main St., Dove Creek, CO 81324

(970) 677-2381

Douglas

125 Stephanie Pl., Castle Rock, CO 80109

(303) 660-7444

Eagle

500 Broadway St., Suite 101, Eagle, CO 81631

(970) 328-8715

Elbert

215 Comanche St., Kiowa, CO 80117

(303) 621-3127

El Paso

1675 W. Garden of the Gods Rd., Suite 2202, Colorado Springs, CO 80907

(719) 575-8683

Fremont

615 Macon Ave., Suite 102, Cañon City, CO 81212

(719) 276-7340

Garfield

109 Eighth St., Suite 200, Glenwood Springs, CO 81601

(970) 384-3700 ext. 2

Gilpin

203 Eureka St., Central City, CO 80427

(303) 582-5321

Grand

308 Byers Ave., Hot Sulphur Springs, CO 80451

(970) 725-3065

Gunnison

221 N. Wisconsin St., #C, Gunnison, CO 81230

(970) 641-7927

Hinsdale

317 N. Henson St., Lake City, CO 81235

(970) 944-2225 ext. 2

Huerfano

401 Main St., Suite 204, Walsenburg, CO 81089

(719) 738-2380 ext. 3

Jackson

396 Lafever St., Walden, CO 80480

(970) 723-4334

Jefferson

3500 Illinois St., Suite 1100, Golden, CO 80401

(303) 271-8111

Kiowa

1305 N. Goff St., Eads, CO 81036

(719) 438-5421

Kit Carson

251 16th St., Burlington, CO 80807

(719) 346-8638 ext. 301

Lake

505 Harrison Ave., Leadville, CO 80461

(719) 486-1410

La Plata

98 Everett St., Suite C, Durango, CO 81303

(970) 382-6296

Larimer

200 W. Oak St., Suite 5100, Ft. Collins, CO 80524

(970) 498-7820

Las Animas

200 E. First St., Room 205, Trinidad, CO 81082

(719) 846-3314

Lincoln

103 Third Ave., Hugo, CO 80821

(719) 743-2444

Logan

315 Main St., Suite 3, Sterling, CO 80751

(970) 522-1544

Mesa

200 S. Spruce St., Grand Junction, CO 81501

(970) 244-1662

Mineral

1201 N. Main St., Creede, CO 81130

(719) 658-2440

Moffat

221 W. Victory Way, Suite 200, Craig, CO 81625

(970) 824-9120

Montezuma

140 W. Main St., Suite 1, Cortez, CO 81321

(970) 565-3728

Montrose

320 S. First St., Room 103, Montrose, CO 81401

(970) 249-3362 ext. 31

Morgan

231 Ensign St., Ft. Morgan, CO 80701

(970) 542-3521

Otero

13 W. Third St., Room 210, La Junta, CO 81050

(719) 383-3020

Ouray

541 Fourth St., Ouray, CO 81427

(970) 325-4961

Park

501 Main St., Fairplay, CO 80440

(719) 836-4333 ext. 1

Phillips

221 S. Interocean Ave., Holyoke, CO 80734

(970) 854-3131

Pitkin

530 E. Main St., Suite 101, Aspen, CO 81611

(970) 920-5180 ext. 5

Prowers

301 S. Main St., Suite 210, Lamar, CO 81052

(719) 336-8011

Pueblo

720 N. Main St., Suite 200, Pueblo, CO 81003

(719) 583-6620

Rio Blanco

1032 Jennifer Drive, Meeker, CO 81641

(970) 878-9460

Rio Grande

965 Sixth St., Del Norte, CO 81132

(719) 657-3334

Routt

522 Lincoln Ave., Steamboat Springs, CO 80477

(970) 870-5558

Saguache

501 Fourth St., Saguache, CO 81149

(719) 655-2512

San Juan

1557 Greene St., Silverton, CO 81433

(970) 387-5671

San Miguel

305 W. Colorado Ave., Telluride, CO 81435

(970) 728-3954

Sedgwick

315 Cedar St., Julesburg, CO 80737

(970) 474-3346

Summit

208 E. Lincoln Ave., Breckenridge, CO 80424

(970) 453-3479

Teller

101 W. Bennett Ave., Cripple Creek, CO 80813

(719) 689-2951 ext. 2

Washington

150 Ash Ave., Akron, CO 80720

(970) 345-6565

Weld

1401 N. 17th Ave., Greeley, CO 80631

(970) 304-6525 ext. 3070

Yuma

310 Ash St., Suite F, Wray, CO 80758

(970) 332-5809