Final
Ballot Analysis: Referendum D

COMMITTEE ON LEGISLATIVE COUNCIL

Votes:
Action Taken:
moved to adopt the final draft as amended. The mo
moved to change the word "referendum" to "referend
moved to strike the last sentence of argument #3 a
moved to strike the last three sentences of argume
PASS
PASS
PASS
PASS


04:20 PM -- Referendum D - State Borrowing

Harry Zeid, Legislative Council Staff and lead staff on the Referendum D ballot analysis, acknowledged the team that worked on this analysis, and provided an overview of the final staff document of the ballot analysis and the arguments for and against the measure. He discussed the estimate of fiscal impact and walked through the appendix to the measure. Mr. Zeid responded to questions from the committee.


04:30 PM

Douglas Bruce, author of the TABOR amendment, stated that the constitution requires the publication of the ballot title and the text of the measure. He expressed concern that only the ballot question for Referendum D was being included in the Blue Book rather than including the text of HJR05-1057 and HB 05-1333. He walked through all of his proposed changes.
BILL:Ballot Analysis: Referendum D
TIME: 04:38:32 PM
MOVED:Anderson
MOTION:moved to change the word "referendum" to "referenda" when used in the plural on page 2, line 11 of the "final staff document." The motion passed 12-1-5.
SECONDED:
VOTE
Anderson
Yes
Butcher
No
Cadman
Absent
Garcia
Yes
Gordon
Yes
Groff
Yes
Hoppe
Yes
Johnson
Excused
Madden
Yes
May M.
Yes
McElhany
Excused
Paccione
Absent
Stengel
Yes
Teck
Excused
Tupa
Yes
Windels
Yes
Romanoff
Yes
Fitz-Gerald
Yes
Not Final YES: 12 NO: 1 EXC: 3 ABS: 2 FINAL ACTION: PASS


04:40 PM

Representative Stengel asked that the committee vote to include the language of HB 05-1333 and HJR 05-1057 in the Blue Book under Referendum D. Senator Anderson requested that this decision be made later after Mr. Bruce finished with his comments. Mr. Bruce continued walking through his comments.


04:50 PM

Bill Schroer, representing himself, commented on the issues in Referendum D. He stated that generally he is concerned with the way that the road programs are presented in the measure.


04:56 PM

Representative Stengel commented on the two suggestions he had offered to the final draft of the analysis (included in the notebook).


04:58 PM

Senator Fitz-Gerald moved to adopt the "final staff document" as a starting point for discussion. The motion was adopted without objection.


04:59 PM

Mr. Zeid returned to the table to walk through the comments that staff had accepted from the public comments received.


05:02 PM

Kirk Mlinek, Director, Legislative Council Staff, commented on the issue of why the text of House Bill 05-1333 and House Joint Resolution 05-1057 are not included in the Blue Book, and instead just the question from HJR 05-1057 is being included in the booklet. Senator Anderson and Representative Hoppe concurred in the decision to not include the full text of the bill and resolution.


05:05 PM

Representative Madden suggested an amendment to argument #3 against by striking the last sentence of the argument. Representative May suggested striking the sentence beginning on line 11 of argument #3 against through the remainder of the argument. Natalie Mullis, Legislative Council Staff, came to the table to clarify the point that Representative Madden had made about the accuracy of the last sentence related to the amount of money spent on public transportation projects.
BILL:Ballot Analysis: Referendum D
TIME: 05:12:14 PM
MOVED:May M.
MOTION:moved to strike the last three sentences of argument #3 against. The chair stated that this motion would not be a settled question. The motion failed to receive the required 2/3 vote (10-3-5), thus the motion failed.
SECONDED:
VOTE
Anderson
No
Butcher
No
Cadman
Absent
Garcia
No
Gordon
Yes
Groff
Yes
Hoppe
Yes
Johnson
Excused
Madden
Yes
May M.
Yes
McElhany
Excused
Paccione
Absent
Stengel
Yes
Teck
Excused
Tupa
Yes
Windels
Yes
Romanoff
Yes
Fitz-Gerald
Yes
Not Final YES: 10 NO: 3 EXC: 3 ABS: 2 FINAL ACTION: FAIL - did not receive a 2/3 vote
BILL:Ballot Analysis: Referendum D
TIME: 05:13:33 PM
MOVED:Madden
MOTION:moved to strike the last sentence of argument #3 against. The motion failed to receive the required 2/3 vote (11-2-5), thus the motion failed.
SECONDED:
VOTE
Anderson
Yes
Butcher
Yes
Cadman
Absent
Garcia
Yes
Gordon
Yes
Groff
Yes
Hoppe
Yes
Johnson
Excused
Madden
Yes
May M.
No
McElhany
Excused
Paccione
Absent
Stengel
No
Teck
Excused
Tupa
Yes
Windels
Yes
Romanoff
Yes
Fitz-Gerald
Yes
Not Final YES: 11 NO: 2 EXC: 3 ABS: 2 FINAL ACTION: FAIL - did not receive a 2/3 vote


05:15 PM

Representative Romanoff moved to amend the last sentence of argument #3 against so that it would read: "Further, Referendum D will likely reduce the amount of money the state spends on public transportation projects, compared with how money is allocated under current law WOULD BE ALLOCATED UNDER REFERENDUM C ALONE. The motion passed without objection (12 or more members were present for the vote).

BILL:Ballot Analysis: Referendum D
TIME: 05:19:12 PM
MOVED:Anderson
MOTION:moved to adopt the final draft as amended. The motion to adopt the draft passed 10-3-5 (the 2/3 vote for adoption was not required - only required on amendments).
SECONDED:
VOTE
Anderson
Yes
Butcher
Yes
Cadman
Absent
Garcia
Yes
Gordon
Yes
Groff
Yes
Hoppe
No
Johnson
Excused
Madden
Yes
May M.
No
McElhany
Excused
Paccione
Absent
Stengel
No
Teck
Excused
Tupa
Yes
Windels
Yes
Romanoff
Yes
Fitz-Gerald
Yes
Final YES: 10 NO: 3 EXC: 3 ABS: 2 FINAL ACTION: PASS


05:21 PM

Senator Anderson moved to allow staff to make any needed technical changes. There was no objection to the motion.



05:22 PM

The committee adjourned.