No law shall be revived, or amended, or the provisions thereof extended or conferred by reference to its title only, but so much thereof as is revived, amended, extended or conferred, shall be re-enacted and published at length.
Entire article added, effective August 1, 1876, see L. 1877, p. 40.
ANNOTATION Am. Jur.2d. See 73 Am. Jur.2d, Statutes, §§ 306-310. C.J.S. See 82 C.J.S., Statutes, §§ 300, 304. Law reviews. For article, "Adoption by Reference in Municipal Ordinances", see 22 Rocky Mt. L. Rev. 69 (1949). For article, "Legislative Bill Drafting", see 23 Rocky Mt. L. Rev. 127 (1950). For article, "Legislative Bill Drafting", see 26 Rocky Mt. L. Rev. 368 (1954). For article, "Legislative Procedure in Colorado", see 26 Rocky Mt. L. Rev. 386 (1954). Purpose of section. This section was framed for the purpose of avoiding confusion, ambiguity and uncertainty in the statutory law through the existence of separate and disconnected legislative provisions, original and amendatory, scattered through different volumes or different portions of the same volume. Callahan v. Jennings, 16 Colo. 471, 27 P. 1055 (1891); City & County of Denver v. People, 103 Colo. 565, 88 P.2d 89, appeal dismissed, 307 U.S. 615, 59 S. Ct. 1044, 83 L. Ed. 1496, rehearing denied, 308 U.S. 633, 60 S. Ct. 69, 84 L. Ed. 527 (1939).
This section was designed to defeat attempted impositions in the enactment of laws. It forbids, among other things, amending a statute simply and solely by striking out or inserting certain words, phrases or clauses; a proceeding formerly common, through which laws became complicated, and their real meaning often difficult of ascertainment even by the legal profession. Edwards v. Denver & R. G. R. R., 13 Colo. 59, 21 P. 1011 (1889).
This section was designed to remedy and prevent well-known abuses of legislation existing at the time of the framing of this instrument. These were the evils of special legislation, and the vicious practice of amending statutes by referring to the title, and then declaring that certain words and phrases appearing in certain lines and sections be stricken out, and certain other words and phrases inserted therein. Denver Circle R. R. v. Nestor, 10 Colo. 403, 15 P. 714 (1887).
The purpose of provisions that ordinances must be published and shall not be revised or amended by title only, is to prevent the confusion which results from amending ordinances by reference to the title, or by interpolating words without restating the part amended. Thiele v. City & County of Denver, 135 Colo. 442, 312 P.2d 786 (1957).