HB 25-1327

Abstract

Under current law, proponents seeking to place an initiated measure on the ballot are required to submit certain documents with the secretary of state in order for the title board to consider the measure at a title setting hearing. Section 1 of the bill requires that when proponents submit 5 or more drafts within the same initiative cycle, with at least one of the same designated representatives of proponents, and on the same subject matter, the proponents also submit a chart describing or otherwise visually demonstrating the differences between the drafts. Section 2 requires the director of research of the legislative council of the general assembly (director), when preparing an estimate of an initiated proposed tax increase's fiscal impact if enacted, to include an estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first and, if phased in, final full fiscal year of the proposed tax increase. Section 3 requires that the title board, when setting a title for a ballot measure: Indicate in the title whether the proposed law modifies, extends, or repeals existing law or creates new law; and For measures that propose a tax increase, use the estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending for the first or, if phased in, final full fiscal year of the proposed tax increase. Section 3 also requires the title board to hold its last meeting no later than the first Wednesday in April rather than the third Wednesday in April, thereby requiring proponents of an initiative to submit drafts to the title board 2 weeks earlier than is required under current law. In connection with the changes to when the title board holds its last meeting, section 4 requires the title board to hear motions for rehearing on measures considered at its last meeting that will be voted on that year at a meeting held on the third Wednesday in April, rather than within 48 hours after the last title board meeting. Additionally, section 4 requires motions for rehearing to be filed with the title board by 5 p.m. on the seventh day following the title board's decision that is the subject of the motion. Section 5 requires that, with regard to the petition circulation process for statewide ballot measures, a designated representative for the proponents notify the secretary of state when an initiative or referendum petition that is being circulated has received 25%, 50%, and 75% of the required number of signatures and when any petition is no longer being actively circulated. Section 5 allows the secretary of state to impose a fine on any designated representative who does not comply with these reporting requirements; except that the fine cannot exceed $1,500. Section 5 also requires the secretary of state to post on the secretary of state's website a list of any initiative or referendum petitions that have received 25%, 50%, and 75% of the required number of signatures for the petition and a list of any petitions that are no longer being actively circulated. Section 6 requires the director to prepare for the ballot information booklet for a proposed tax increase estimates of both the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first full fiscal year of the proposed tax increase and state and local government fiscal year spending, as defined in the state constitution, without the proposed tax increase. Section 7 requires the fiscal note for any legislative measure that includes a proposed tax increase to include the maximum dollar amount of the change in state and local government revenue for the first and, if phased in, final full fiscal year of the proposed tax increase and also requires relevant ballot questions for any legislative measure that includes a proposed tax increase to include the estimate of the maximum dollar amount of the change in state and local government revenue for the first or, if phased in, final full fiscal year of the proposed tax increase. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)