Date: 02/11/2009

Final
BILL SUMMARY for SB09-152

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved that Senate Bill 09-152 be postponed indefin
Moved that Senate Bill 09-152 be referred to the C		PASS
FAIL


05:33 PM -- Senate Bill 09-152

Senator Kopp, prime sponsor, presented Senate Bill 09-152, concerning a requirement that vacancies in the office of United States Senator be filled by a vacancy election. He said that Senate Bill 09-152 puts in place language addressing such elections for members of the U.S. House of Representatives. He said that there is a national movement in this regard and that the issue is not political.

The following person testified on Senate Bill 09-152:

05:38 PM -- Jenny Flanagan, representing Colorado Common Cause, supported Senate Bill 09-152, and said that the electors should have the opportunity to elect those who represent them.. She said that appointment of persons to fill such vacancies disenfranchises the voters. She said that Colorado Common Cause is supporting this cause at the federal level.

05:44 PM

Senator Kopp commented on the requirement to elect persons to replace vacancies in the U.S. House of Representatives. He described the historical development of current procedures for filling vacancies. He commented on the 17th amendment to the U.S. Constitution allowing the direct election of U.S. Senators. He noted that, currently Governors in more than 30 states have the authority to appoint persons to fill vacancies in the office of U.S. Senators and that this runs counter to the intent of the 17th Amendment. He said that this practice is an anachronism. He noted that the Colorado Governor cannot appoint a person to the Public Utilities Commission without Colorado Senate confirmation, however, the Governor can unilaterally appoint a person to fill a vacancy in the Office of U.S. Senator. He said that there are instances in which nepotism has occurred in the filling of such vacancies. He commented on efforts to address this problem at the federal level. He said that the authors of the Federalist Papers viewed the U.S. Senate as a stabilizing force in government. He cited language from the Federalists Papers supporting the concept of election of U.S. Senators.

06:03 PM

Senator Bacon said that it is ironic that safe seats in the U.S. House of Representatives have rendered that chamber relatively more stable than the U.S. Senate. Senator Kopp said that the General Assembly should act to effect the intent of the 17th amendment, and should take a long-term view and consider the intent of the framers of the Constitution.
BILL:SB09-152
TIME: 06:16:38 PM
MOVED:Cadman
MOTION:Moved that Senate Bill 09-152 be referred to the Committee of the Whole. The motion failed on a 2-3-0 roll call vote.
SECONDED:
VOTE
Boyd
No
Cadman
Yes
Schultheis
Yes
Bacon
No
Williams
No
Not Final YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB09-152
TIME: 06:25:48 PM
MOVED:Bacon
MOTION:Moved that Senate Bill 09-152 be postponed indefinitely and that the roll call of the prior motion be reversed. The motion passed without objection and the roll call was reversed.
SECONDED:
VOTE
Boyd
Yes
Cadman
No
Schultheis
No
Bacon
Yes
Williams
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


06:26 PM

The committee meeting adjourned.