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Researching Colorado Resolutions and Memorials

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Researching Colorado Resolutions and Memorials Reproduced by permission. ©2017 Colorado Bar Association DEPARTMENT | LEGAL RESEARCH CORNER 46 Colorado Lawyer 14 (Aug./Sept. 2017). All rights reserved. including referendums. Electronic copies are Figure 1: Online Database of Statewide Ballot Measures Dating Back to 1880, www.leg.state. Library (2002–12), and stream audio online available online from the Colorado Secretary of co.us/lcs/ballothistory.nsf. from the General Assembly’s Watch & Listen State’s Election Results Archives (1954–present)13 webpage (2012–present).35 For the historical Researching Colorado and the University of Denver Westminster Law researcher, however, joint memorials to the U.S. Library (1954–2012).14 Print copies are available Congress have the benefit of being included Resolutions and Memorials for public review at the Colorado Joint Legislative in the Congressional Record.36 Researchers Library,15 Colorado Supreme Court Library,16 interested in historical issues or trends can BY CHRIS HUDSON University of Colorado William A. Wise Law explore memorials from all 50 states by searching Library,17 and some public libraries. in this rich historical resource. Election results for the years 1902 forward At the end of each session, the clerk of the are also included in the Colorado Secretary of House and the secretary of the Senate select State’s election results archive.18 Most of the the resolutions and memorials that are to be ost researchers are well aware of Concurrent resolutions to amend the state documents are PDF scans of original print ma- published in the Colorado session laws.37 The the legislative process to create, constitution are by far the most common. The terials (Abstract of Votes and Blue Books), and session laws are available in searchable electronic amend, and repeal laws. Bills General Assembly passes them regularly to more recent election results are also available format for all 50 states from paid databases such that are passed by both cham- refer proposed constitutional amendments to in Microsoft Excel spreadsheet format. Print as HeinOnline.38 Searching in the electronic Mbers and approved by the governor become the voters (called referendums on the ballot). copies of the Abstract of Votes are available at versions of the session laws is an effective strategy acts that are codified and compiled into the Because they can affect the state constitution, the Joint Legislative Library (1892–current). to identify trends related to specific or general Colorado Revised Statutes. Bills that are not this type of concurrent resolution is of particular Finally, information on referred and initiated issues, locate resolutions or memorials related to passed, or are vetoed and not overridden, interest to practitioners and legal scholars. The measures is available in the General Assembly’s a specific issue or person, and examine specific die with the legislative session. Researching two other types of concurrent resolution are very Online Database of Statewide Ballot Measures spans of time (e.g., war years).39 the legislative history of a bill or act can be uncommon. To date, no constitutional conven- Dating Back to 1880.19 This useful database The Colorado session laws are available in rewarding. It can provide a window into the tions have been called (although at least three includes links to the text of all referred and both houses, and they are frequently used to Under the present rules, only Senate joint searchable electronic format for free from the legislators’ intent where the law is ambiguous, attempts have been made).5 And the General initiated ballot measures from 1880 forward. It communicate the General Assembly’s will to memorials may be used to memorialize the University of Colorado William A. Wise Law and it is an effective tool for uncovering the Assembly passed the last concurrent resolution also includes information on the type of change, state and federal agencies and departments, U.S. Congress. Joint or simple resolutions must Library (1861–1992)40 and as browseable PDF political and cultural atmospheres surrounding to ratify an amendment to the U.S. Constitution whether it was adopted or rejected, and the elected state and federal officials, and branches be used to memorialize any federal agency scans from the Colorado Office of Legislative historically significant legislation. A number in 1984, ratifying the 27th Amendment.6 percentage of Yes and No votes. (See Fig. 1.) of government other than the U.S. Congress.25 other than Congress or to express opinions to Legal Services (1993–present).41 Both of these of authorities have addressed the legislative The House and Senate rules treat concurrent Simple resolutions can pertain to all of the Congress that are introduced in the House.31 offerings provide a valuable public service. history research process.1 resolutions like bills in all respects, except for the Joint and Simple Resolutions same issues as joint resolutions, but they can only Historical researchers should note, however, that One particularly useful feature included in the Researchers may not be aware that, in ad- requirement of a two-thirds vote.7 Consequently, Joint resolutions may pertain to the transaction relate to the house where they are introduced.26 memorials to Congress were allowed from both Advanced Search function of the University of dition to bills, the legislature uses a number of researching a concurrent resolution is much of the business of both houses, the establishment Simple resolutions do not require the concurrence chambers under earlier rules.32 Joint memorials Colorado’s database is the ability to limit by year other measures to accomplish specific tasks. This like researching the legislative history of a bill.8 of committees composed of members of both of both houses, and they are often used to amend to Congress are an especially rich and untapped and/or document type. However, it should be article briefly examines concurrent resolutions, Unlike bills, however, concurrent resolutions houses, and the expression of the will of both House and Senate rules, transmit the will of vein of historical information. They express the noted that at the time of writing, resolutions and joint and simple resolutions, and joint and are not presented to the governor for approval.9 houses on any matter that is not the subject of the House or Senate to government agencies substantive will of state legislatures, and at least memorials were not included on the Legislative simple memorials. Understanding the purpose Concurrent resolutions to ratify amendments a tribute.20 Most joint resolutions “do not have or officials, and submit interrogatories to the two researchers have used them to “identify Legal Services’ page. of these legislative actions and how to research to the U.S. Constitution become effective upon the effect of law, and the General Assembly Colorado Supreme Court.27 state policy attention to federal agendas” over The session laws do not include resolutions them is important, especially when conducting passage by the General Assembly.10 And, pursu- cannot do by resolution that which can only be an extended period of time.33 and memorials that the legislature does not pass historical legal research. ant to Article XIX of the Colorado Constitution, done by law.”21 However, joint resolutions that Joint and Simple Memorials and those that are not selected for printing. Al- referred constitutional amendments and calls for are required by the constitution or statute to go The General Assembly uses memorials to express Research Tips though they did not become effective, researching Concurrent Resolutions a constitutional convention must be presented to the governor for approval do have the force its will to the U.S. Congress and to express senti- The same general research process is followed for measures that did not pass can uncover historically Colorado legislators use concurrent resolutions to the voters for approval or rejection at the next and effect of law.22 For example, CRS § 37-95- ment for the death of current or former members all types of resolutions and memorials. In most significant information. Likewise, measures that for three purposes: to propose amendments to general election.11 107.6(4)(b) requires additions or modifications of the General Assembly and other officials.28 respects, the process is the same as researching pass but were not selected for publication are also the state constitution,2 to call for a constitutional This adds one additional step to the usual to the water pollution control project eligibility House joint and simple memorials may only be the legislative history of a bill. Researchers can good sources of information.42 convention,3 and to ratify amendments to the legislative history research process—researching list to be approved by a joint resolution that is used to express sentiment for the death of former search the session laws for measures that passed The Colorado House and Senate journals U.S. Constitution.4 The classification of the the election and its results. In 1954, the Legisla- presented to the governor.23 or current General Assembly members.29 Senate and were selected for publication. They can use are the official record of the proceedings of the different types of resolutions and memorials is tive Council of the Colorado General Assembly Aptly described by the authors of the Colora- memorials may be used to express sentiment on the House and Senate journals to find measures General Assembly. They record all legislative found in Colorado
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