Jones v. Apple

920 P.2d 798, 20 Brief Times Rptr. 970, 1996 Colo. LEXIS 217
CourtSupreme Court of Colorado
DecidedJune 24, 1996
DocketNo. 96SA177
StatusPublished
Cited by1 cases

This text of 920 P.2d 798 (Jones v. Apple) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Apple, 920 P.2d 798, 20 Brief Times Rptr. 970, 1996 Colo. LEXIS 217 (Colo. 1996).

Opinion

PER CURIAM.

The petitioners, Frederick W. Jones, Derrick Pickeral, Nancy L. Reubert, James Scott, and Lori R. Williams (the Jones petitioners), and James L. Brandon, are registered electors of Colorado who bring this original proceeding pursuant to section 1-40-107(2), IB C.R.S. (1995 Supp.), to review the action taken by the initiative title setting board (the Board) in fixing a title, ballot title and submission clause, and summary (titles and summary) for a proposed statutory amendment designated “1996-17” (the Initiative). We hold that while the Initiative does not violate the single-subject requirement applicable to initiatives under article V, section 1(5.5), of the Colorado Constitution, the titles and summary do not fairly express the intent and meaning of the initiative, and the fiscal impact statement is inaccurate. We therefore reverse the action of the Board.

I.

The Initiative seeks to add a new section, section 42-4-302.5, to part 3 of article 4 of title 42 of the Colorado Revised Statutes:

Be it enacted by the People of the State of Colorado:
SECTION 1. Part 3 of article 4 of title 42, Colorado Revised Statutes, 1993 Repl. Yol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
42-4-302.5. Direction to the air quality control commission to create an enhanced emissions program providing for consumer choice. (1) THE COMMISSION IS DIRECTED TO REVISE THE CURRENT ENHANCED EMISSIONS PROGRAM NO LATER THAN JULY 1, 1997. THE COMMISSION SHALL DEVELOP AND PROMULGATE BY RULE A PROGRAM WHICH MEETS THE CRITERIA LISTED IN THIS SECTION. IF THE PROGRAM HAS NOT BEEN REVISED AND SUBMITTED BY NOVEMBER 1, 1997 FOR APPROVAL REQUIRED UNDER THE FEDERAL CLEAN AIR ACT, THE GENERAL ASSEMBLY SHALL ENACT A PROGRAM WHICH COMPLIES WITH THIS SECTION, TO BE IMPLEMENTED BY JULY 1, 1998. THE GENERAL ASSEMBLY SHALL ALSO MAKE ANY NECESSARY CHANGES TO EXISTING LAW TO IMPLEMENT ' THE MANDATE TO THE COMMISSION TO EXPAND CONSUMER CHOICE.
(2) THE PROGRAM REQUIRED BY THIS SECTION SHALL ENHANCE CONSUMER CONVENIENCE AND PROVIDE CONSUMER CHOICE OF INSPECTION FACILITIES, INCLUDING ENHANCED INSPECTION CENTERS, INSPECTION-ONLY FACILITIES, INSPECTION AND READJUSTMENT STATIONS, MOTOR VEHICLE FLEET-BASED INSPECTION FACILITIES AND NEW AND USED MOTOR VEHICLE DEALER INSPECTION FACILITIES. THE COMMISSION SHALL SELECT FROM AVAILABLE TECHNOLOGIES AND PROGRAMMATIC APPROACHES IN DEVELOPING THE MOST COST EFFECTIVE PROGRAM, WHICH CREATES, PURSUANT TO THIS SECTION, AN ENHANCED INSPECTION PROGRAM WHICH PROVIDES CHOICE TO THE PUBLIC TO USE SUCH INSPECTION CENTERS, FACILITIES, STATIONS, OR DEALER INSPECTION FACILITIES IN ADDITION TO THE CENTRALIZED ENHANCED INSPECTION STATIONS OF THE CURRENT PROGRAM.
(3) THE PROGRAM REQUIRED BY THIS SECTION MUST ACHIEVE BENEFITS WHICH, USING REASONABLE SCIENTIFIC METHODS ARE DETERMINED TO BE EQUAL TO OR GREAT[801]*801ER THAN THE AIR QUALITY BENEFITS WHICH WERE CALCULATED TO RESULT FROM THE PROGRAM IN EXISTENCE ON JANUARY 1, 1996 WITH RESPECT TO REDUCTIONS OF PARTICULATE MATTER, PM-10, CARBON MONOXIDE, OZONE, NITROGEN OXIDE AND WHICH WILL NOT JEOPARDIZE THE ABILITY TO MAKE TRANSPORTATION CONFORMITY FINDINGS AS REQUIRED BY FEDERAL LAW.
(4) PRIOR TO THE ADOPTION OF THE PROGRAM REQUIRED BY THIS SECTION, THE COMMISSION SHALL, FOLLOWING A COMPETITIVE BID PROCESS, CONTRACT WITH A PRIVATE INDEPENDENT CONTRACTOR FOR THE CONDUCT OF AN OBJECTIVE STUDY. SUCH STUDY SHALL EVALUATE AVAILABLE ALTERNATIVES AND IDENTIFY THE COST EFFECTIVE OPTIONS FOR CREATING A PROGRAM WHICH MEETS THE REQUIREMENTS OF THIS SECTION. THE COMMISSION SHALL UTILIZE THE RESULTS OF SUCH STUDY TO ESTABLISH THE PROGRAM REQUIRED BY THIS SECTION. FOR PURPOSES OF FUNDING THE STUDY, THE COMMISSION SHALL SPEND NO MORE THAN THE AMOUNT RECOVERED BY THE STATE OF COLORADO IN FINES OR PENALTIES AS OF JANUARY 1, 1996, FROM THE CONTRACTOR CURRENTLY OPERATING THE ENHANCED INSPECTION CENTERS.

The titles and summary set by the Board are attached as an appendix to this opinion. The Jones petitioners assert that (1) the titles and summary are misleading because they fail to disclose that the Initiative mil affect only the six-county Denver metropolitan area; (2) the titles and summary do not express the intent and meaning of the Initiative because they do not disclose that any proposed changes to the enhanced emissions program must be submitted for approval under the federal Clean Air Act; (3) the summary inaccurately describes the fiscal impact of the Initiative; and (4) the Board inappropriately interpreted the meaning and effects of the Initiative in order to avoid disclosing its specific fiscal impacts.

Petitioner Brandon claims that the Board’s action should be reversed because: (1) the Initiative encompasses more than one subject; (2) the “single subject” of the title does not clearly express the Initiative’s true intent and meaning; (8) the titles and submission clause do not express the true meaning and intent of the Initiative; and (4) the titles and submission clause are unfair and misleading because they do not disclose that if the Initiative fails to equal the clean air program existing on January 1, 1996, then there will be no change in the current program.

II.

Petitioner Brandon first asserts that the Board should not have set the titles and summary because the Initiative encompasses more than one subject. We disagree.

Article V, section 1(5.5), of the Colorado Constitution provides:

No measure shall be proposed by petition containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any measure which shall not be expressed in the title, such measure shall be void only as to so much thereof as shall not be so expressed. If a measure contains more than one subject, such that a ballot title cannot be fixed that clearly expresses a single subject, no title shall be set and the measure shall not be submitted to the people for adoption or rejection at the polls.

Section 1-40-106.5, IB C.R.S. (1995 Supp.), explains the general assembly’s purpose for proposing the single-subject amendment. The single-subject requirement limits the scope of an initiative to a single subject which must be clearly expressed in its title. § l-40-106.5(l)(a). Further, “in setting titles pursuant to section 1(5.5) of article V, the initiative title setting review board created in section 1^40-106 should apply judicial decisions construing the constitutional single subject requirement for bills and should follow the same rules employed by the general [802]*802assembly in considering titles for bills.” § 1-40-106.5(3).

The requirement that an initiative be limited to a single subject is intended to ensure that each proposal depends upon its own merits for passage. § 1-40-106.5(l)(e)(D, IB C.R.S. (1994 Supp.); see also In re House Bill No. 1S53, 738 P.2d 371, 372 (Colo.1987) (interpreting the single subject requirement for bills). In furtherance of this purpose, the single subject requirement forbids the joining of “incongruous subjects in the same measure.” § l-40-106.5(l)(e)(I).

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Related

Matter of Proposed Initiative 1996-17
920 P.2d 798 (Supreme Court of Colorado, 1996)

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Bluebook (online)
920 P.2d 798, 20 Brief Times Rptr. 970, 1996 Colo. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-apple-colo-1996.