Final
2004 Ballot Analysis Review

COMMITTEE ON LEGISLATIVE COUNCIL

Votes:
Action Taken:
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09:32 AM -- Call to Order

The meeting,continued from September 7, was called back to order by the chair, Representative Spradley. Members present included Senators Anderson, Andrews, Arnold, Chlouber, Fitz-Gerald, Gordon, Hillman, Tupa, and Windels, and Representatives Cadman, Fairbank, King, Madden, Romanoff, Tochtrop, Vigil, and White. Legislative Council Staff present included Kirk Mlinek, Deb Godshall, Susan Liddle, Cathy Eslinger, and Julie George.


09:32 AM - Amendment 35: Tobacco Tax

Janis Baron, Legislative Council Staff, presented the revised draft of Amendment 35 showing the changes that were adopted at yesterday's meeting. Ms. Baron noted that on page 2, line 10, the amount of $80 million should be $118.


09:36 AM

Senator Hillman moved, with a second by Senator Chlouber, to change the $80 million on page 2, line 10, of the revised final draft, to $118 million. The motion passed without objection with Representatives Cadman and King excused.


09:38 AM

Senator Andrews moved, with a second by Senator Chlouber, to change page 4, lines 7-8, back to the language used in the final draft with staff responses. The motion was withdrawn.


09:45 AM

The Council asked staff to draft another revised version, attempting to improve the flow of the document given the various amendments that were adopted.


09:49 AM

Representative Romanoff moved, with a second by Senator Tupa, to amend page 3, line 3 of the revised final draft by adding, "In all other states that have increased tobacco taxes, consumption has always fallen, while state revenues have always increased. And although a certain percentage of tobacco users will turn to the Internet for purchases, the vast majority continue to rely on the convenience of their local store.". The motion was withdrawn to allow staff to verify the source of the amendment.


09:54 AM

The committee discussed the procedures that are going to be used for the remainder of the meeting.


09:58 AM

Representative Romanoff offered further amendments.


Amendment 35: Tobacco Tax
TIME: 10:00 a.m.
MOTION: Representative Romanoff moved, with a second by Senator Gordon, to strike argument 3 on page 4 and add a new argument that reads: "Colorado is currently 50th among the states in the level of cigarette taxes. The proposal guarantees that the new revenue generated will be spent as directed by the voters through passage of this proposal. Unlike other constitutional amendments that direct legislative spending, this proposal creates new revenue and directs how that money is spent, rather than restricting the legislatures power to spend current tax revenue. The legislature at any time may refer to a vote of the people changes in how this money is spent. In every state that has raised cigarette taxes, there has always been an increase in revenues and a reduction in smoking. Under this proposal, local governments will be held harmless from any decrease in consumption due to the additional revenues directed to them on top of what they currently receive from tobacco taxes.".

The motion passed on a 12-6 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
X
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
6
0


10:02 AM

Representative Romanoff moved, with a second by Representative Madden, to amend page 3, line 10 of the revised final draft.


10:08 AM

The committee discussed how to make Representative Romanoff's motions flow.


10:14 AM

The Romanoff motion was withdrawn.


10:15 AM

Speaker Spradley laid over Amendment 35 to allow the staff to work on re-wording the arguments for.


10:17 AM -- Amendment 36: Selection of Presidential Electors

Chris Ward, Legislative Council Staff, addressed the committee regarding Amendment 36, Selection of Presidential Electors. The amendment eliminates the current system of allocating all the state's electoral votes to the candidate that gets the most votes. Instead, the votes will be allocated on a percentage basis.

Senator Tupa provided a memorandum to the committee regarding his conflict of interest with this amendment and indicated that he will not be voting on this analysis (Attachment B).


10:21 AM

Mark Grueskin, representing the proponents, addressed the Council regarding Amendment 36. Mr. Grueskin indicated that he did not have any suggested changes. Mr. Grueskin was asked questions from the Council.


10:28 AM

Richard Brown, representing himself, provided comments on the final draft of the analysis. Mr. Brown believes there should be more information regarding the electoral college in the analysis. Mr. Brown provided the Council with a version of the analysis as he believes it should be written (Attachment C).


10:37 AM

Senator Doug Lamborn, representing himself as a citizen, addressed the committee. Senator Lamborn believes an additional argument against should be added to the analysis. Senator Lamborn also believes the first sentence of the first argument for should be deleted. The Council discussed the proposal and whether it is retroactive or simultaneously active. It was also discussed whether the proposal would be found unconstitutional if challenged in court.


Amendment 36: Selection of Presidential Electors
TIME: 11:02 a.m.
MOTION: Senator Anderson moved, with a second by Representative King, to adopt the Lamborn amendment on page 2, after line 26, to read: "Because the initiative attempts to be retroactive, this proposal may be subject to legal challenge on the issue of timing, which could delay a final decision on who wins the Presidency in 2004. Further, voters in the 2004 election cycle may not realize that the outcome of the vote on this measure will affect how Colorado's electoral votes are allocated in 2004.".

As amended, 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
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
E
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 36: Selection of Presidential Electors
TIME: 11:07 a.m.
MOTION: Representative Madden moved, with a second by Representative Tochtrop, to amend the Anderson amendment by deleting the second sentence. The amendment to the Anderson amendment failed on a 7-9-2 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
E
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
E
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
9
2

Amendment 36: Selection of Presidential Electors
TIME: 11:13 a.m.
MOTION: Senator Andrews moved a substitute motion, with a second by Senator Chlouber, to adopt the original Lamborn language. The 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
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
E
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


11:15 AM

Representative Madden moved, with a second by Senator Fitz-Gerald, to amend the Anderson amendment by deleting "which could delay a final decision who wins the Presidency in 2004." The motion was withdrawn.


Amendment 36: Selection of Presidential Electors
TIME: 11:19 a.m.
MOTION: Representative White moved, with a second by Representative Fairbank, to amend the Anderson amendment by inserting "in Colorado" after the word "decision." The amendment to the Anderson amendment 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
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
E
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 36: Selection of Presidential Electors
TIME: 11:28 a.m.
MOTION: Senator Hillman moved, with a second by Representative Fairbank, to strike the first two sentences beginning on page 2, line 15, and substitute the following: "Colorado will likely become the least influential state in Presidential elections because our current nine electoral votes will almost always be split five to four. By awarding nine electoral votes to the winner, the current system encourages candidates to campaign in the state on issues of importance to Coloradans.". 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
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
E
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 36: Selection of Presidential Electors
TIME: 11:48 a.m.
MOTION: Representative Madden moved, with a second by Representative Vigil, to add a third argument on page 2, after line 13, to read: "There can be no delay in the election of the President because of this change to the Colorado Constitution. The U.S. Constitution requires that the electoral college meet and cast votes in December following a Presidential election, and that timing is unaffected by this initiative. Further, the Colorado courts have approved other initiatives that are retroactive in nature." The motion passed on a 9-3-6 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
E
Sen. Ken Chlouber
E
Sen. Joan Fitz-Gerald
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
E
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
E
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
E
Rep. Lola Spradley, Chair
X
TOTAL
9
3
6

Amendment 36: Selection of Presidential Electors
TIME: 11:54 a.m.
MOTION: Senator Andrews moved, with a second by Senator Anderson, a substitute motion to split argument 2 in favor and make it two separate arguments. The substitute 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
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
E
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


11:59 AM -- Recess

The Council recessed until 1:15 p.m.


01:16 PM -- Reconvene

The meeting came back to order.


Amendment 36: Selection of Presidential Electors
TIME: 1:17 p.m.
MOTION: Representative Madden moved, with a second by Representative Vigil, to adopt the analysis of Amendment 36 as amended. The motion passed on a 13-0-5 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
E
Sen. Ken Chlouber
E
Sen. Joan Fitz-Gerald
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
E
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
E
Rep. Lola Spradley, Chair
X
TOTAL
13
0
5


01:19 PM -- Recess


01:23 PM - Amendment 35: Tobacco Tax

Janis Baron, Legislative Council Staff, addressed the Council and provided a rerevised version of Amendment 35.


Amendment 35: Tobacco Tax
TIME: 1:25 p.m.
MOTION: Senator Anderson moved, with a second by Senator Arnold, to adopt the rerevised final draft with responses. The motion, as amended, 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
X
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
2
1

Amendment 35: Tobacco Tax
TIME: 1:28 p.m.
MOTION: Representative Romanoff moved, with a second by Senator Gordon, to amend the Anderson motion by moving lines 25-28 on page 3 to follow line 5 on page 3.

The amendment to the Anderson motion passed 17-0-1.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
X
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
17
0
1

Amendment 35: Tobacco Tax
TIME: 1:33 p.m.
MOTION: Senator Arnold moved, with a second by Senator Andrews, to close Amendment 35 and adopt the analysis as amended. 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
X
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
1
1


01:34 PM -- Amendment 37: Renewable Energy Requirement

Susan Liddle, Legislative Council Staff, addressed the Council regarding Amendment 37, Renewable Energy Requirement, and summarized the measure. Amendment 37 requires certain Colorado utilities to generate or purchase a portion of their electric power from renewable energy resources beginning in 2007.


01:43 PM

Rick Gilliam, Western Resource Advocates, provided comments to the Council. Mr. Gilliam believes there are a few items that should be added to the analysis. In particular, Mr. Gilliam believes the discussion of utilities self certifying should be expanded. Mr. Gilliam also believes the discussion of cost needs to be further discussed. In the view of Mr. Gilliam, cost increases will be minimal to the consumer, far below the 50 cent cap placed on cost increases by the proposal.


01:58 PM

Matt Baker, Environment Colorado, provided comments for the Council. Mr. Baker mentioned that municipal utilities can exempt themselves by self certifying. He also noted that biomass is a viable product that farmers and ranchers can sell to be used for generating energy.


02:00 PM

Ron Lehr, Colorado for Clean Energy, addressed the Council. Mr. Lehr noted that costs can not be quantified, costs are always estimates. Fossil fuels are being depleted and alternative sources are needed, regardless of whether the alternatives are more or less expensive. Mr. Lehr noted that the PUC cannot cap residential rates while commercial and industrial rates soar.


02:07 PM

Dave Lock, Colorado Association of Municipal Utilities, addressed the Council. Mr. Lock explained that municipal utilities are locally owned and regulated by city councils and local authorities, not by the PUC. Mr. Lock believes that rates will increase for commercial and industrial customers, including for state buildings that use taxpayer money to pay the utility bills.


02:12 PM

Kent Singer, Colorado Rural Electric Association and Tri-State Generation and Transmission, addressed the Council. Mr. Singer would like a new paragraph to start on page 2, line 20. Mr. Singer believes this will make the analysis more clear for the reader. He also believes the word "substantially" should be added on line 21. Mr. Singer believes the proposal increases the PUC's jurisdiction. He also noted that providers believe this proposal will cost more and this should be clearly stated in the analysis.


02:18 PM

Fred Stoffel, Xcel Energy, addressed the Council. Xcel believes there will be a cost shift from residential to other customers. Mr. Stoffel would like the third bullet to be clarified by adding "although there are no limits to the monthly bill impact on commercial and industrial customers." Mr. Stoffel would also like additional information added to the analysis detailing the cost impacts on energy providers.


02:25 PM

Seth Voyles, Colorado Springs Utilities, addressed the Council. Mr. Voyles made suggested changes to the proposed analysis. Mr. Voyles does not believe the statement that using renewable energy makes economic sense is true. Colorado Springs Utilities has not found that using wind generated energy is an economically sound practice at this time. Mr. Voyles also believes the word pollutants should be struck and emissions should be used in its place. He continued by stating that wind generated energy is not reliable and that output varies depending on the amount of wind.


02:39 PM

Roger Kort, Aquila, addressed the Council. Aquila is an investor-owned utility and their studies show that the proposal will cost Aquila more than what Aquila's current costs are. These costs will be shifted to their commercial and industrial customers. Mr. Kort would like to add language to the background section of the analysis detailing that unlike kilowatt-hours created in Colorado that would count as 1.25 kilowatt-hours, each kilowatt-hour of renewable energy bought from outside Colorado will not count the same way.


Amendment 37: Renewable Energy Requirement
TIME: 2:46 p.m.
MOTION: Senator Anderson moved, with a second by Representative Tochtrop, to adopt the final draft with staff responses of Amendment 37. The motion passed on a 12-3-3 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
X
Sen. Ken Gordon
X
Sen. Mark Hillman
E
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
E
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
12
3
3

Amendment 37: Renewable Energy Requirement
TIME: 2:47 p.m.
MOTION: Senator Anderson moved, with a second by Representative Tochtrop, to adopt the staff addendum. 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
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
E
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 37: Renewable Energy Requirement
TIME: 2:48 p.m.
MOTION: Senator Anderson moved, with a second by Representative Tochtrop, to close the discussion of Amendment 37 and adopt the final draft with staff responses as amended. 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
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
E
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 37: Renewable Energy Requirement
TIME: 2:49 p.m.
MOTION: Senator Chlouber moved, with a second by Representative Cadman, a substitute motion on page 2, strike lines 32-35. The motion failed on a 6-10-2 roll call vote.
NAME
YES
NO
ABSENT
Sen. Norma Anderson
X
Sen. Ken Arnold
X
Sen. Ken Chlouber
X
Sen. Joan Fitz-Gerald
X
Sen. Ken Gordon
X
Sen. Mark Hillman
X
Sen. Ron Tupa
X
Sen. Sue Windels
X
Rep. Bill Cadman
X
Rep. Rob Fairbank
E
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
6
10
2


02:53 PM

Senator Chlouber moved, with a second by Representative Madden, to allow the staff to make any technical changes that are necessary. The motion passed without objection with Representative King and Senator Andrews excused.


02:53 PM

The meeting adjourned.