Joint Committee Committee on Executive Committee of the Legislative Council (07/25/2011)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL

Date:	07/25/2011	ATTENDANCE

Time:	01:36 PM to 04:06 PM	Kopp	X
		Morse	X
Place:	SCR 354	Pace	X
		Stephens	*
This Meeting was called to order by		McNulty	X
	Senator Shaffer B.	Shaffer B.	X

This Report was prepared by
	Christie Lee
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Funding for the Poverty Reduction Task Force Update on Legislative Television Consideration of Involvement in TABOR Lawsuit Executive Session		- - - -

01:36 PM -- Funding for the Poverty Reduction Task Force

President Shaffer called the committee to order. He noted that the committee would be going into executive session before the performance evaluations at the end of the agenda.

01:38 PM

Senator Hudak and Representative Summers came to the table to discuss funding the Economic Opportunity and Poverty Reduction Task Force. Senator Hudak distributed a handout regarding the task force and explained the committee's purpose (Attachment A). She talked about the task force's meetings that were held during the 2009 interim and the bills that were drafted as a result. Senator Hudak explained that since the task force was suspended in 2010, the deadline for the committee is actually December of 2011, rather than December of 2010, as stated in the enacting legislation. She asked that the committee approve funding for the task force so it can use legislative staff. She also talked about grant money that is available that will allow the committee to travel.

01:42 PM

Representative Summers talked about the focus of the committee and the importance of education. He talked about the initial legislation that provided funding for travel and per diem, but asked that the committee approve funding for the use of Legislative Council Staff.

01:46 PM -- Pat Ratliff, representing Colorado Counties Inc., testified in support of funding the task force.

01:47 PM

Representative Pace asked Mike Mauer, Director, Legislative Council Staff, to discuss the budget available to staff the task force. Mr. Mauer explained that the office has funding to staff five interim committees and that three have been funded. Senator Morse commented on the task force and explained that if the Executive Committee were to fund it, the committee would be going against the wishes of the full Legislative Council Committee that voted not to fund the task force during the 2011 legislative session. Speaker McNulty asked for clarification on the grant moneys available to fund the task force.

01:50 PM -- Tracy Stewart, representing the Colorado Center on Law and Policy, talked about the grant money the task force has received and how the money has and will be used by the committee. Senator Hudak responded to Senator Morse's concerns and talked about the Executive Committee's authority to approve additional interim committees.


BILL:	Funding for the Poverty Reduction Task Force
TIME:	01:55:32 PM
MOVED:	Pace
MOTION:	Moved to make the Economic Opportunity and Poverty Reduction Task Force the fourth funded interim committee. The motion failed 4-2.
SECONDED:
		VOTE
	Kopp	No
	Morse	No
	Pace	Yes
	Stephens	No
	McNulty	Yes
	Shaffer B.	No

Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL

01:56 PM -- Update on Legislative Television

Senator Steadman gave an update on the Colorado Channel and distributed a handout (Attachment B). He talked about the Colorado Channel Authority Board of which he is an appointed member. Senator Steadman discussed the funding of the channel which comes through the legislative budget and talked about the upcoming need for equipment replacement. He asked the committee to look at adding funding to the Colorado Channel for equipment maintenance and replacement in the upcoming legislative session. Senator Steadman explained that there may be money available to use for this in the General Assembly Cash Fund. President Shaffer clarified that Senator Steadman was not asking for a decision now, but for the next legislative session.

02:04 PM

Senator Kopp talked about some interviews that were conducted last session on the channel. He asked that the board consider a nonpartisan interviewer to conduct the interviews provided by the channel. Senator Steadman responded. Senator Morse also responded to Senator Kopp's inquiry. Representative Stephens asked whether there will be any new content added to the Colorado Channel. Senator Steadman explained that the session content will be the same and talked about adding the week in review to the house lineup. He also discussed extra videos that are available on the website and gave the example of a video on how a bill becomes a law.

02:10 PM -- Consideration of Involvement in TABOR Lawsuit

President Shaffer explained that the agenda item regarding the lawsuit concerning the constitutionality of Taxpayer's Bill of Rights (TABOR) was requested by Speaker McNulty, House Majority Leader Stephens, and Senate Minority Leader Kopp. Speaker McNullty talked about the federal lawsuit that was filed in the end of May claiming the TABOR law is unconstitutional. He talked about TABOR's importance and the importance of the Executive Committee getting involved and standing by the taxpayers of the state. Senator Morse explained that the question of whether TABOR violates the U.S. Constitution is a judicial question and has nothing to do with the legislature. He went on to explain that whether it is constitutional or unconstitutional is a question that should be answered because if it is found to be in violation of the constitution, it shouldn't continue to be followed just because it is good for the people.

Following his motion, Speaker McNulty talked about the court case that was filed and the motion he made and asked that the Executive Committee be on the side of the taxpayers. He stated that he feels they have an obligation to the taxpayers. Senator Morse responded that, in this case, standing with the taxpayers may be unconstitutional. He said the courts should decide this question and it would be bad precedence for the legislature to weigh in on the case. He talked about other court cases the legislature could get involved in, but do not.


BILL:	Consideration of Involvement in TABOR Lawsuit
TIME:	02:14:32 PM
MOVED:	McNulty
MOTION:	Pursuant to the authority of the Executive Committee to perform legislative management functions during the interim specified in Section 2-3-303 (4) (a), C.R.S., moved the Executive Committee take a position to support the voters' right to approve or reject all tax increases as set forth in the Taxpayer's Bill of Rights in the Colorado Constitution. The motion failed on a 3-3 tie vote.
SECONDED:
		VOTE
	Kopp	Yes
	Morse	No
	Pace	No
	Stephens	Yes
	McNulty	Yes
	Shaffer B.	No

Final YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE

02:18 PM -- Executive Session


BILL:	Executive Session
TIME:	02:19:02 PM
MOVED:	McNulty
MOTION:	Moved that the Executive Committee of Legislative Council go into executive session to consider personnel matters pursuant to Section 24-6-402 (3)(b)(I), C.R.S. The motion passed on a 6-0 vote.
SECONDED:
		VOTE
	Kopp	Yes
	Morse	Yes
	Pace	Yes
	Stephens	Yes
	McNulty	Yes
	Shaffer B.	Yes

Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:06 PM

The committee adjourned.