Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGISLATIVE COUNCIL

Date:09/02/2015
ATTENDANCE
Time:09:03 AM to 10:50 AM
Buck
X
Court
E
Place:RM 271
DelGrosso
X
Duran
X
This Meeting was called to order by
Guzman
X
Senator Cadman
Heath
E
Jones
X
This Report was prepared by
Landgraf
X
Rachel Kurtz-Phelan
Lawrence
X
Lundberg
X
Marble
*
Melton
X
Roberts
X
Scheffel
X
Ulibarri
X
Williams
X
Hullinghorst
X
Cadman
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Introductory Remarks
Review of 2015 Ballot Analysis - Proposition BB
Witness Testimony and/or Committee Discussion Only
Approved as amended


09:03 AM -- Introductory Remarks

President Cadman, chair, called the meeting to order. Mike Mauer, Director of Legislative Council Staff, discussed the process of drafting and distributing the voter information guide (the Blue Book), and explained the process for amending the ballot analysis included in the voter guide. Mr. Mauer informed the committee of updated information that staff will change in the ballot analysis for Proposition BB.

09:06 AM -- Review of 2015 Ballot Analysis - Proposition BB

Mr. Larson Silbaugh, Legislative Council Staff, presented the ballot analysis for Proposition BB, concerning retaining certain revenue in excess of Blue Book estimates ("ballot analysis"). Mr. Silbaugh provided an overview of each section of the analysis, including a summary and analysis of the proposed proposition, a review of a related prior proposition approved by voters, an estimate of the fiscal impact, and arguments for and against Proposition BB.


09:10 AM --
Representative Douglas Bruce, representing himself, testified regarding the ballot analysis. Representative Bruce distributed two documents to the committee (Attachments A and B). Representative Bruce discussed the content of the Blue Book and the process for amending the language in the Blue Book. Representative Bruce explained that there are statutory penalties for false statements in the Blue Book and that the final draft analysis only addresses one of those penalties. Representative Bruce explained changes he would like made in the published version of the ballot analysis.

150917 AttachA.pdf150917 AttachA.pdf150917 AttachB.pdf150917 AttachB.pdf

09:20 AM

Representative Bruce continued to discuss his concerns with the ballot analysis and changes he would like made in the published version.

09:30 AM

Representative Bruce continued to discuss his concerns with the ballot analysis. Representative Bruce stated that he believes there is a conflict of interest because the state publishes the Blue Book and has an interest in the ballot measure passing. Representative Bruce stated that the content of the final draft of the ballot analysis is not factual.

09:40 AM

Representative Bruce continued to discuss his concerns with the ballot analysis and changes he would like made in the published version. Representative Bruce stated that the impact to individual taxpayers is not same as the fiscal impact to the state.

09:50 AM

Representative Bruce continued to discuss his concerns.

09:53 AM --
Senator Pat Steadman, representing Vote Yes on BB, testified regarding the ballot analysis. Senator Steadman stated that he is pleased with the final draft of the ballot analysis, and requested that the committee adopt the final draft without amendment. He addressed suggestions made by other interested parties, and discussed the legislation that prompted Proposition BB. Senator Steadman also discussed prior ballot initiatives related to marijuana taxation. He explained Proposition BB and why he believes there is support for the measure.

10:04 AM

Senator Steadman responded to questions regarding the amount of taxes collected and allocated under Proposition BB. He discussed specific programs that would receive additional funding if the proposition is approved by voters, and why those programs were chosen to receive additional money.

10:13 AM

Senator Steadman continued to respond to questions regarding language in the ballot analysis concerning the allocation of money collected under Proposition BB. In response to a question, Senator Steadman stated that this would be a one-time request from the voters and that revenue from this tax would not be subject to voter approval every year. Senator Steadman explained that the constitution only requires voters to approve tax revenue in the first year that it is collected.



10:20 AM --
At the request of the chair, Ed DeCecco, Office of Legislative Legal Services, addressed concerns regarding the ballot analysis. Mr. DeCecco discussed why a rate reduction was not included in the ballot analysis. He also discussed how revenue estimates made in a prior ballot analysis affect the ballot analysis for Proposition BB. Mr. DeCecco discussed language regarding a potential rate reduction and statutory requirements for ballot analysis language.

10:31 AM

Representative Lawrence offered prepared Amendment No. 1 (Attachment C). Representative Lawrence explained the amendment. The committee, Mr. DeCecco, and Mr. Silbaugh, discussed the accuracy of the language included in the amendment. The committee and Senator Steadman discussed the amendment, generally.

150917 AttachC.pdf150917 AttachC.pdf
BILL:Review of 2015 Ballot Analysis - Proposition BB
TIME: 10:33:36 AM
MOVED:Lawrence
MOTION:Adopt prepared Amendment No. 1 (Attachment C), amended to include updated revenue estimates. The motion passed without objection.
SECONDED:
VOTE
Buck
Court
Excused
DelGrosso
Duran
Guzman
Heath
Excused
Jones
Landgraf
Lawrence
Lundberg
Marble
Melton
Roberts
Scheffel
Ulibarri
Williams
Hullinghorst
Cadman
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


10:41 AM

Representative Lawrence moved and explained prepared Amendment No. 4 (Attachment D).

150917 AttachD.pdf150917 AttachD.pdf
BILL:Review of 2015 Ballot Analysis - Proposition BB
TIME: 10:42:20 AM
MOVED:Lawrence
MOTION:Adopt prepared Amendment No. 4 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Buck
Court
Excused
DelGrosso
Duran
Guzman
Heath
Excused
Jones
Landgraf
Lawrence
Lundberg
Marble
Melton
Roberts
Scheffel
Ulibarri
Williams
Hullinghorst
Cadman
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


10:43 AM

Representative Landgraf moved and explained prepared Amendment No. 5 (Attachment E). Mr. Silbaugh discussed the amendment. Representative Landgraf stated her reasons for supporting the amendment and Speaker Hullinghorst explained her opposition to the amendment.

150917 AttachE.pdf150917 AttachE.pdf
BILL:Review of 2015 Ballot Analysis - Proposition BB
TIME: 10:43:47 AM
MOVED:Landgraf
MOTION:Adopt prepared Amendment No. 5 (Attachment E). The motion failed on a vote of 9-7.
SECONDED:
VOTE
Buck
Yes
Court
Excused
DelGrosso
Yes
Duran
No
Guzman
No
Heath
Excused
Jones
No
Landgraf
Yes
Lawrence
Yes
Lundberg
Yes
Marble
Yes
Melton
No
Roberts
Yes
Scheffel
Yes
Ulibarri
No
Williams
No
Hullinghorst
No
Cadman
Yes
YES: 9 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: FAIL


10:46 AM

Senator Lundberg offered a conceptual amendment to the final draft of the ballot analysis.
BILL:Review of 2015 Ballot Analysis - Proposition BB
TIME: 10:46:52 AM
MOVED:Lundberg
MOTION:Amend Proposition BB Final Draft, strike page 1, line 9, and substitute "approval from voters for all new taxes and the following two estimates be included in the ballot". Page 1, line 10 strike "Book) prior to voting:" and substitute "Book):". The motion failed on a vote of 10-6.
SECONDED:
VOTE
Buck
Yes
Court
Excused
DelGrosso
Yes
Duran
No
Guzman
Yes
Heath
Excused
Jones
No
Landgraf
Yes
Lawrence
Yes
Lundberg
Yes
Marble
Yes
Melton
No
Roberts
Yes
Scheffel
Yes
Ulibarri
No
Williams
No
Hullinghorst
No
Cadman
Yes
YES: 10 NO: 6 EXC: 2 ABS: 0 FINAL ACTION: FAIL

10:50 AM

The committee adjourned.