Final
2004 Ballot Analysis Review

COMMITTEE ON LEGISLATIVE COUNCIL

Votes:
Action Taken:
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09:35 AM -- 2004 Ballot Analysis Review

The meeting was called to order by the chair, Representative Spradley. Members present included Senators Anderson, Andrews, Arnold, Chlouber, Gordon, Hillman, Tupa, and Windels; and Representatives Cadman, Fairbank, King, Madden, Romanoff, Tochtrop, Vigil, and White. Senator Fitz-Gerald was excused. Legislative Council Staff present were Kirk Mlinek, Deb Godshall, Susan Liddle, Cathy Eslinger, and Julie George.

Speaker Spradley reviewed the purpose of today's meeting, indicating that the purpose of the meeting is to review the accuracy of the 2004 ballot analysis, but not to argue the merits of the proposals.


09:39 AM -- Procedures for the Hearing

Kirk Mlinek, Director, Legislative Council Staff, provided comments on the preparation of the materials found in each members' notebook. A copy of the full notebook is available on file at both the State Archives and at the Legislative Council office. Mr. Mlinek noted that for each statewide ballot issue, the Legislative Council Staff conducted interviews of proponents and opponents, and based on the information collected in these interviews, as well as through independent research, the staff wrote three drafts of each measure over the summer months. With each draft, interested persons were asked to provide comments and feedback and these comments were evaluated by staff. Some of the suggested changes were incorporated into the various drafts and others were not.

The committee discussed the procedures to be followed for any of the Legislative Council members who have been working on one of the issues discussed in the ballot analysis. Senator Tupa raised the issue of whether he, or any other member, should be voting on issues that he or she has been directly working on. The Speaker commented that the purpose of the meeting is to provide accurate information.


09:54 AM -- Referendum A: State Personnel System

Amy Zook, Legislative Council Staff, provided an overview of Referendum A, State Personnel System, which makes changes to the state personnel system. The referendum allows about 140 additional exempt employees to be appointed to the state personnel system; it changes testing and hiring procedures; transfers certain oversight responsibilities from the State Personnel Board to the Executive Director of the Department of Personnel and Administration; allows the legislature to change certain state personnel policies and procedures by law; and expands veterans' hiring preferences to include members of the National Guard. Ms. Zook reviewed the green sheets (staff comments memo) which provide a list of the comments received on the final draft and indicated whether the staff accepted these proposed changes.


10:03 AM

Jeff Wells, Executive Director of the Department of Personnel and Administration, commented on the final draft. Mr. Wells commented that the only objection the Department has to the analysis is in the arguments against. On page 5, line 7 of the blue sheets (final draft with staff responses), Mr. Wells asked that the words "doubling the current number" be struck.

The discussion continued with questions regarding the maximum number of appointments that will be allowed if the proposal passes. It was noted that the referendum limits the number of appointments to .45 percent of the total number of certified state employees. No more than 50 of these appointments may reside in any one state department.


10:18 AM

Jeremiah Attridge, President, AFSCME Local #821, provided comments on the referendum. Mr. Attridge expressed concern with the way in which the contracting provisions are covered in the analysis. He does not believe contracts should be mentioned in the analysis because contracting is not mentioned in the referred measure but only in the companion legislation (House Bill 04-1373).


10:24 AM

Mr. Wells returned to the table. The Chair asked for clarification regarding the contracting provisions of the proposal. Mr. Wells reiterated that the contracting provisions found in the companion legislation, House Bill 04-1373, only go into effect if the referred measure is passed by the voters.


10:28 AM

Herb Homan, representing himself, commented on the proposal. Mr. Homan has an issue with the fourth argument in the "Arguments For" section (page 4, lines 31-32). He believes the argument is offensive to state employees and should be re-worded. Mr. Homan also commented that he believes there should be a study to determine whether the Blue Book is useful to the public and how it can be improved.


10:35 AM

George Walker, representing himself, commented on the referred measure. Mr. Walker believes the state is contradicting itself by requiring standardized testing for K-12 students yet eliminating testing for the personnel system. He believes poorly designed tests are the problem, not the concept of testing itself.


10:39 AM

Representative Rosemary Marshall commented that in the first argument against, the term, "too much power" should be changed to "more power" (page 5, line 5). She also would like to strike the sentence that says annual changes made by the legislature could be disruptive to the personnel system. Representative Marshall's final comment pertained to the discussion on contracting. She believes the contracting discussion could confuse the voter into believing that contracting law in the state constitution is being changed, when in fact it is not.


10:45 AM

Deb Godshall, Legislative Council Staff, addressed the Council's question regarding whether it is appropriate to have a bullet that explains that the contracting provisions are found in House Bill 04-1373 and not in the constitution.


Referendum A: State Personnel System
TIME: 10:51 a.m.
MOTION: Senator Chlouber moved, with a second by Senator Anderson, to accept the blue sheets (final draft with staff responses) and to strike the words "doubling the current number" on page 5, line 7. The motion was adopted on a 17-0-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
17
0
1


10:55 AM

Senator Anderson moved, with a second by Senator Andrews, to change the sentence starting on page 4, line 31 to read: "The state will spend taxpayer money wisely if it can hire well qualified employees and ...". The motion passed without objection.


Referendum A: State Personnel System
TIME: 10:56 a.m.
MOTION: Representative White moved, with a second by Senator Chlouber, to strike "too much" and substitute "more" on page 5, lines 5 of the blue sheets. The motion failed on an 8-9-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
8
9
1

Referendum A: State Personnel System
TIME: 11:00 a.m.
MOTION: Senator Gordon moved, with a second by Senator Tupa, to re-insert the words "doubling the current number" on page 5, line 7. The motion failed on a 4-13-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
4
13
1


11:06 AM

Senator Andrews moved, with a second by Senator Chlouber, to accept the blue sheets, as amended, of the Referendum A: State Personnel System analysis. The motion passed without objection.

The committee took a brief recess.


11:14 AM - Referendum B: Obsolete Constitutional Provisions

Amy Zook, Legislative Council Staff, addressed the committee regarding Referendum B - Obsolete Constitutional Provisions.


Referendum B: Obsolete Constitutional Provisions
TIME: 11:15 a.m.
MOTION: Senator Hillman moved, with a second by Senator Chlouber, to adopt the final draft version of Referendum B given that there are no members of the public who wish to testify on the proposal (there were no individuals who wished to testify). The motion passed 14-0-4.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
E
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
E
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
E
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
14
0
4


11:17 AM - Amendment 34: Construction Liability

Larry Thompson, Legislative Council Staff, provided a summary of Amendment 34 - Construction Liability. The proposed amendment prohibits limits on a property owner's ability to recover damages when improvements to property are not constructed in a "good and workmanlike manner," and defines an improvement constructed in a "good and workmanlike manner" as an improvement that is suitable for its intended purposes.


11:30 AM

Scott Sullan, representing himself, provided testimony on the amendment. Mr. Sullan stated that the initiative does not repeal House Bill 03-1161 in its entirety. He also commented that he does not believe the second argument in favor should be changed should there be future amendments offered. Mr. Sullan would like page 1, line 30-32 changed. He believes this statement is untrue.

Senator Chlouber asked Mr. Sullan about his objection to using the term "construction professional." Mr. Sullan answered that he does not believe the general public understands what a "construction professional" is and that the wording should be simplified to "large corporation," a term he believes the public understands.


11:48 AM

Peggi O'Keefe, Coloradans for Responsible Reform, provided comments on the proposal. Ms. O'Keefe commented that the proposal does not limit from whom a property owner can recover losses.


11:53 AM

Larry Thompson addressed the committee in response to the comments made by Ms. O'Keefe regarding page 1, line 20.


11:57 AM -- Recess

The Council recessed until 1:30 p.m.


01:34 PM -- Reconvene

 Ms. O'Keefe continued her testimony pertaining to damages awarded due to the loss of use of property. She explained suggested changes to language that referred to current law. She discussed the "notice of claim" that must be given in order to provide time to address a defect. Ms. O'Keefe responded to questions pertaining to strict compliance and provisions related to requirements for an attempt for resolution of class action lawsuits.


01:41 PM

Ms. O'Keefe continued her testimony by suggesting striking "reasonable" on page 2, line 6, and substituting "unlimited." She also commented on the second argument for the proposal. She recommended striking the first sentence in the first argument against and substituting "The proposal will drive up the cost of housing." She also requested additions to the discussion on homeowner liability.


Amendment 34: Construction Liability
TIME: 1:45 p.m.
MOTION: Senator Chlouber moved, with a second by Representative White, to reject the final draft with staff responses and work instead from the unamended final draft.

Senator Anderson moved a substitute motion, with a second by Senator Gordon, to accept the final draft with staff responses. The substitute motion passed on a 10-7-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
10
7
1

Amendment 34: Construction Liability
TIME: 1:50 p.m.
MOTION: Representative White moved, with a second by Senator Chlouber, to amend page 1, lines 2-4 (blue sheets), after "exceptions," insert "INCLUDING LAWS LIMITING DAMAGES FOR PAIN AND SUFFERING TO $250,000,".

Representative Madden moved, with a second by Senator Anderson, a substitute motion to amend page, 1, line 2, move "with some exceptions," to the beginning of the bullet; insert, after "prohibits limits", "INCLUDING LAWS LIMITING DAMAGES FOR PAIN AND SUFFERING TO $250,000,".

Following committee discussion, Representative Madden amended, with a second by Senator Anderson, her original substitute motion to strike the word "LAWS" from the new language to be inserted in the bullet. This amendment to the substitute motion passed without objection.

The substitute motion, as amended, passed on a 12-5-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
12
5
1


01:54 PM

Discussion continued on Representative White's motion. Senator Gordon voiced concern about changing wording that might result in confusion in regard to the limits on damages and the exceptions to the law.


02:02 PM

Representative White moved, with a second by Representative King, to amend page 1, line 20, strike "cannot" and substitute "can".

The committee discussed when awards may be made for "pain and suffering" due to bodily injury or due to the loss of the use of property. Mr. Thompson returned to the table to respond to questions regarding language and the accuracy of statements regarding liability.


Amendment 34: Construction Liability
TIME: 2:07 p.m.
MOTION: Representative Fairbank moved a substitute motion to the White motion, with a second by Representative Madden, page 1, line 20, put a period after "$250,000" and strike the remainder sentence, including the semicolon. The substitute motion passed on a 15-2-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
15
2
1

Amendment 34: Construction Liability
TIME: 2:09 p.m.
MOTION: Senator Chlouber moved, with a second by Representative White, to amend page 1, line 28, strike "affects" and substitute "repeals". Line 31, strike "could eliminate" and substitute "eliminates". Line 33, strike "affects the types of laws" and substitute "prohibits" and strike "can pass" and substitute "from passing laws".

The motion was severed into three sections.

The committee considered the first severed section (strike "affects" and substitute "repeals"). Severed section #1 passed on a 9-8-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
9
8
1

Amendment 34: Construction Liability
TIME: 2:15 p.m.
MOTION: Severed section #2, line 31, strike "could eliminate" and substitute "eliminates". The motion passed on a 10-7-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
10
7
1


02:20 PM

There was discussion concerning severed section three. Discussion focused on the authority of the General Assembly to pass subsequent legislation regarding construction liability. Representative Madden discussed a potential substitute motion on severed section three, strike "construction problems" and substitute "damages." Mr. Thompson returned to the table to respond to questions regarding the language in the final draft with staff responses.


02:25 PM

Jason Gelender, Office of Legislative Legal Services, responded to questions from committee members regarding the prerogative of the General Assembly if the proposal passes. Representative White discussed potential changes to the language to reflect the concerns of members as a result of the discussion regarding the legislature's authority.



Amendment 34: Construction Liability
TIME: 2:30 p.m.
MOTION: Representative Fairbank moved a substitute motion, with a second by Representative Madden, page 1, line 33, strike "affects" and substitute "restricts" and line 34, strike "problems." and substitute "liability." The motion passed on a 16-1-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
16
1
1


02:32 PM

Representative White moved, with a second by Representative Fairbank, amendments on page 2, line 6, lines 8-9, and line 10. The motion was severed into three motions. The first severed section, page 2, line 6, strike "again" and strike "full" and substitute "unlimited".

Representative Madden moved a substitute motion, with a second by Senator Anderson, page 2, line 6, to strike "again" and to retain the remainder of the sentence.


02:38 PM

Jason Gelender, Office of Legislative Legal Services, was called back to the table to respond to questions from committee members. He responded to questions regarding jury instructions in damages cases.


Amendment 34: Construction Liability
TIME: 2:40 p.m.
MOTION: Representative Madden withdrew her original substitute motion. Representative Madden moved a second substitute motion, with a second by Representative Vigil, page 2, line 6, strike "again" and strike "reasonable". The motion passed on a 12-5-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
12
5
1


02:44 PM

The committee discussed Representative White's amendment (.005, severed section 2), striking the first sentence in the second argument for the proposal.


Amendment 34: Construction Liability
TIME: 2:44 p.m.
MOTION: Representative White moved the second severed section of this motion, with a second by Senator Andrews. Page 2, lines 8-9, strike the first sentence of the argument. The motion failed on a 7-10-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
7
10
1


2:49 PM

The committee discussed inclusions in the arguments for and against the proposal.


Amendment 34: Construction Liability
TIME: 2:50 p.m.
MOTION: Representative White moved, with a second by Representative King, the third severed section of his amendment. Page 2, line 10, strike "large corporations" and substitute "construction professionals".

Senator Anderson moved a substitute motion, with a second by Senator Gordon, page 2, line 10, after "corporations", insert "or construction professionals". The substitute motion failed on a 8-9-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
8
9
1


02:55 PM

The committee discussed the language pertaining to negotiating with large corporations or construction professionals.


Amendment 34: Construction Liability
TIME: 2:57 p.m.
MOTION: Senator Gordon moved, with a second by Representative Vigil, a substitute motion to the White motion. Page 2, line 10, strike "large" and substitute "construction professionals or". The substitute motion passed on a 9-8-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
9
8
1

Amendment 34: Construction Liability
TIME: 3:01 p.m.
MOTION: Representative White moved, with a second by Representative King, page 2, lines 14-15, strike "insurance for construction professionals and ultimately the cost of housing to consumers." and substitute "housing." The motion passed on a 12-5-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
12
5
1

Amendment 34: Construction Liability
TIME: 3:05 p.m.
MOTION: Representative Cadman moved, with a second by Senator Andrews, page 2, line 14, insert as the first sentence in the argument, "The proposal favors trial lawyers at the expense of property owners. The motion failed on a 4-13-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
4
13
1

Amendment 34: Construction Liability
TIME: 3:10 p.m.
MOTION: Representative White moved, with a second by Representative King, page 2, lines 16-19, strike "prohibitive," and substitute "prohibitive." Strike the remainder of the first argument against, and substitute "In addition to construction professionals, this proposal allows for lawsuits against anyone who makes improvements to property, not just construction professionals. Amendment 34 creates a fundamental change in law that is not stated, which is the expansion of the application of construction defects law, to include construction professionals and non-professionals alike."

Senator Hillman moved a substitute motion, with a second by Representative Fairbank, to strike the identical language that was proposed to be struck in the White motion and substitute "This proposal allows for lawsuits against anyone who makes improvements to property, professionals and non-professionals alike." Senator Hillman's substitute motion failed on a 8-9-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
8
9
1


03:17 PM

The committee discussed the original motion made by Representative White. Senator Anderson said that she favored the argument drafted by staff. Mr. Gelender returned to the table to respond to questions regarding construction liability for homeowners and the impact of Amendment 34. The discussion centered on the potential for liability in regard to prior homeowners.


03:29 PM

The committee continued its discussion regarding liability and disclosure requirements in the sale of real estate. Representative White discussed his concerns that homeowners could be held liable for work that they performed on their home. The concern focused on circumstances that occur when a homeowner might sell a home without knowledge of a defect resulting from his or her labor. Several committee members had differing views in regard to whether the proposal applied to circumstances in this manner.


Amendment 34: Construction Liability
TIME: 3:32 p.m.
MOTION: Speaker Spradley moved a substitute motion to the White motion, with a second by Senator Andrews, page 2, lines 16-19, strike "prohibitive," and substitute "prohibitive." Strike the remainder of the first argument against, and substitute "In addition to construction professionals, this proposal allows for lawsuits against anyone who makes improvements to property, not just construction professionals. Amendment 34 creates a fundamental change in liability to include construction professionals and non-professionals alike."

Speaker Spradley's motion to amend the White motion passed without objection.

The White motion, as amended by the Spradley motion, passed on a 10-7-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
10
7
1

Amendment 34: Construction Liability
TIME: 3:41 p.m.
MOTION: Senator Chlouber moved, with a second by Representative White, to close the amendment phase on the analysis for Amendment 34. The motion passed on a 10-7-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
10
7
1


03:44 PM -- Recess

The committee recessed.


03:55 PM -- Amendment 35: Tobacco Tax

Janis Baron, Legislative Council Staff, provided an overview of Amendment 35, concerning a tobacco tax increase for health-related purposes. She discussed the background information, as well as the arguments for and against the proposal.


03:59 PM

Ms. Baron discussed the staff responses to comments on the final draft. These responses are represented in the green sheets of the provided packets. Ms. Baron responded to questions about House Bill 04-1455. Ms. Baron provided an addendum that would update the data referenced in the analysis.


04:05 PM

Mark Grueskin, legal counsel representing the proponents, made comments on the process and the development of the final draft.


04:06 PM

Frank Hays, representing the opponents, commented on the final draft and House Bill 04-1455.


04:10 PM

Wilson Croom, representing the Colorado Association of Distributors, testified on the final draft. He discussed the relationship between the revenue stream and the requirements for funding health-related programs in the proposal.


04:13 PM

Douglas Bruce, representing himself, testified and distributed a hand-out with suggested changes to language (Attachment A). Mr. Bruce encouraged the committee to change the title to "Tobacco Tax Increase." He presented suggested language concerning the bullets. He also suggested adding the word "current" in discussing Colorado's tax rates in the background section.


04:22 PM

Mr. Bruce continued his testimony by discussing the use of tobacco settlement money since 1998. He also commented on the relationship between House Bill 04-1455 and the proposal. Mr. Bruce made suggestions for changing the language in the first argument for the proposal.


04:32 PM

Mr. Bruce discussed potential changes to the arguments against, including adding language to say "Heavy taxation of an addiction smokers can't quit is wrong; taxation by government to control personal behavior is a dangerous practice." He discussed the permanency of the tax increase and the difficulty of amending the constitution.


04:40 PM

Senator Hillman moved, with a second by Senator Gordon, to accept the final draft with staff responses as reflected in the blue sheets. The motion passed without objection.


Amendment 35: Tobacco Tax
TIME: 4:41 p.m.
MOTION: Senator Hillman moved, with a second by Representative Fairbank, to amend the first bullet in the analysis to read, "increases the tax on cigarettes from 20 to 84 cents a pack, or an estimated $175 million annually;".

Natalie Mullis, Legislative Council Staff, came to the table to respond to questions about the data in the analysis.

Senator Hillman withdrew his previous motion in order to make a different motion. He moved, with a second by Representative Fairbank, to amend the first bullet to read, "increases the tax on a pack of cigarettes from 20 to 84 cents, or 320 percent;". The motion passed on a 12-5-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
12
5
1

Amendment 35: Tobacco Tax
TIME: 4:48 p.m.
MOTION: Senator Hillman moved, with a second by Senator Anderson, to amend the second bullet, to strike the fourth bullet, and to amend the sixth bullet. The motion was severed into three sections.

The first severed section was: page 1, line 3, strike "increases" and substitute "doubles". The motion passed on a 12-5-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
12
5
1

Amendment 35: Tobacco Tax
TIME: 4:51 p.m.
MOTION: Senator Hillman moved, with a second by Senator Anderson, the second severed section of his amendment. Page 1, strike lines 7-8.

Representative Romanoff moved, with a second by Representative Madden, a substitute motion, page 7, strike "current". Line 8, after "programs", insert "as of January 1, 2005," The substitute motion passed on a 12-5-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
12
5
1

Amendment 35: Tobacco Tax
TIME: 5:03 p.m.
MOTION: Senator Hillman moved, with a second by Senator Anderson, the third severed section of his motion. Page 1, line 12, strike "revenue for any health-related purposes" and substitute "revenue only for health-related purposes". The motion passed on a 17-0-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
17
0
1


05:05 PM

Senator Hillman moved, with a second by Senator Andrews, page 2, line 4, after "amount", insert "or just over $14.5 million," and line 7, after the period, add "Because Colorado is a signatory to the Master Settlement Agreement between the tobacco companies and the various states, the state will also receive approximately $80 million per year in additional money for the next 20 years."


05:09 PM

Ms. Mullis returned to the table to respond to questions. Senator Hillman asked that his motion be amended to reflect whatever number is most accurate. He withdrew the first half of his amendment, on page 2, line 4. There was extensive committee discussion pertaining to the remainder of the motion. Representative Romanoff moved, with a second by Senator Hillman, an amendment that was accepted as a friendly amendment to replace "will also" with "expects to".


Amendment 35: Tobacco Tax
TIME: 5:17 p.m.
MOTION: Senator Hillman moved an amended motion, with a second by Senator Andrews, page 2, line 3, strike "tax". Line 7, after the period, add "Because Colorado is a participant to the Master Settlement Agreement between the tobacco companies and the various states, the state expects to receive approximately $80 million per year in additional money for the next 20 years." The motion passed on a 11-6-1 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
X
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
11
6
1


05:19 PM

Senator Hillman moved, with a second by Senator Chlouber, page 2, line 14, after "annually.", insert "This total will decrease if sales decrease. Nationally demand is decreasing 2 percent per year, but in Colorado, demand is falling even more rapidly and will decrease further if consumers turn to other sources such as the Internet for their purchases." Committee discussion on this motion ensued.


Amendment 35: Tobacco Tax
TIME: 5:24 p.m.
MOTION: Senator Hillman withdrew his earlier motion. He moved a new motion, with a second by Senator Anderson, page 2, after Table 1, add " Nationally, demand is decreasing 2 percent per year, but in Colorado, demand is falling even more rapidly and will decrease further if consumers turn to other sources such as the Internet for their purchases." The motion passed on a 11-5-2 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
E
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
11
5
2


05:27 PM

Representative Madden moved, with a second by Senator Tupa, to adopt the staff addendum, as presented. The motion passed without objection.


Amendment 35: Tobacco Tax
TIME: 5:28 p.m.
MOTION: Senator Hillman moved, with a second by Senator Chlouber, page 2, lines 28-29, strike "money from the new tobacco taxes" and substitute "new money raised from this proposal", and line 29, strike "other" and substitute "existing". The motion passed on a 15-1-2 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
E
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
15
1
2

Amendment 35: Tobacco Tax
TIME: 5:30 p.m.
MOTION: Representative Fairbank moved, with a second by Senator Hillman, page 1, line 13, strike "year." and substitute "year at a time." The motion passed on a 16-0-2 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
E
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
16
0
2


05:31 PM

Representative Madden moved, with a second by Senator Tupa, page 3, line 30, strike "89" and substitute "47". Ms. Mullis returned to the table to discuss statistics referenced in the analysis. Representative Madden withdrew her motion and made a new motion, with a second by Senator Tupa, page 3, line 30, after "and", insert "wholesale". The motion passed without objection.


05:35 PM

Senator Gordon moved, with a second by Senator Tupa, page 3, line 14, after the period, add "Colorado is currently 50th among the states in the level of cigarette taxes.". The motion passed without objection.


05:39 PM

Senator Hillman moved, with a second by Senator Chlouber, page 3, line 23, strike "raises taxes" and substitute "puts a tax increase in the state constitution". Line 26, strike "A". Strike the remainder of the argument and substitute "Existing constitutional spending requirements have limited the ability of the legislature to react to changes in the state budget and economic conditions. This adds still another inflexible spending mandate. Further, the formulas and restrictions in this proposal will reduce funding to local governments that depend upon current cigarette tax revenues to fund essential government functions like fire and police protection."


05:50 PM

Committee discussion continued on the projected revenues with tax increases and the black market for cigarettes on the Internet. There was additional discussion about House Bill 04-1455. Committee members also discussed the formula for backfilling revenue to local governments.


05:54 PM

Senator Gordon discussed an amendment to the Hillman motion, that would strike "Further, the formulas and restrictions in this proposal," and substitute "If cigarette consumption is reduced by virtue of this tax, the proposal". He withdrew consideration of the language in order to consider language offered by Representative Vigil.


5:57 PM

Representative Vigil moved an amendment to the Hillman amendment, with a second by Representative Madden. Strike "Further, the formulas and restrictions in this proposal" and substitute "Further, reductions in sales and consumption due to this proposal". The motion was adopted without objection.


Amendment 35: Tobacco Tax
TIME: 5:59 p.m.
MOTION: The committee voted on Senator Hillman's motion, as amended by the Vigil motion. Page 3, line 23, strike "raises taxes" and substitute "puts a tax increase in the state constitution". Line 26, strike "A". Strike the remainder of the argument and substitute "Existing constitutional spending requirements have limited the ability of the legislature to react to changes in the state budget and economic conditions. This adds still another inflexible spending mandate. Further, reductions in sales and consumption due to this proposal will reduce funding to local governments that depend upon current cigarette tax revenues to fund essential government functions like fire and police protection." The motion passed on a 11-5-2 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
E
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
11
5
2

Amendment 35: Tobacco Tax
TIME: 6:01 p.m.
MOTION: Senator Hillman moved, with a second by Senator Chlouber, page 3, lines 37-38, move the sentence "If this is the case, smokers would be paying much higher taxes, but few would receive additional health care services." to page 3, line 34, as a last sentence in the second argument against the proposal. The motion passed on a 10-6-2 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
E
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
10
6
2

Amendment 35: Tobacco Tax
TIME: 6:04 p.m.
MOTION: Senator Hillman moved, with a second by Senator Chlouber, page 3, strike the first two sentences in the third argument against the proposal and substitute "The proposal allocates $28 million in badly needed state revenue to a function which may be unneeded in future years if tobacco use continues to decline." The motion passed on a 10-6-2 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
E
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
10
6
2


06:10 PM

Senator Anderson requested, on behalf of the committee, that the committee be provided a copy of the amended final draft when the committee reconvenes in the morning. Given that request, Speaker Spradley indicated that she would not close the amendment phase on the Amendment 35 analysis until the committee has seen the draft with the Legislative Council changes.


Amendment 35: Tobacco Tax
TIME: 6:12 p.m.
MOTION: Senator Hillman moved, with a second by Senator Chlouber, page 4, line 8, at the end of the estimate of fiscal impact, add "Current law reduces revenue for health-related purposes as of January 1, 2005, in order to preserve the plenary power of the General Assembly to appropriate existing funds for state programs and functions." The motion passed on a 13-3-2 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
E
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
13
3
2

Amendment 35: Tobacco Tax
TIME: 6:14 p.m.
MOTION: Senator Andrews moved, with a second by Representative Cadman, page 2, line 1, after "enacted.", insert "In 1998, the state began collecting, outside of its revenue limits, an additional $100 million yearly from a tobacco lawsuit settlement, the full cost of which was passed onto smokers. Not all of that money was used for tobacco-caused illness." Line 11, at the end of the paragraph, add "That means over one-fifth of the total state budget is already being spent on health issues."

The committee requested that staff evaluate the numbers in the new language. The motion was severed into two sections.

The committee voted on the first severed section, page 2, line 1, after "enacted.", insert "In 1998, the state began collecting, outside of its revenue limits, an additional $100 million yearly from a tobacco lawsuit settlement, the full cost of which was passed onto smokers. Not all of that money was used for tobacco-caused illness." . The motion failed on a 8-8-2 tie roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
E
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
8
8
2

Amendment 35: Tobacco Tax
TIME: 6:20 p.m.
MOTION: The committee voted on the second severed section of Senator Andrew's motion, line 11, at the end of the paragraph, add "That means over one-fifth of the total state budget is already being spent on health issues." The motion failed on a 8-8-2 tie roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
E
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
X
Rep. Keith King
E
Rep. Alice Madden
X
Rep. Andrew Romanoff
X
Rep. Lois Tochtrop
X
Rep. Val Vigil
X
Rep. Al White
X
Sen. John Andrews, Vice Chair
X
Rep. Lola Spradley, Chair
X
TOTAL
8
8
2


06:23 PM -- Recess

The committee recessed until Wednesday, September 8 at 9:30 a.m.