Final
STAFF SUMMARY OF MEETING
COMMITTEE ON
EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
Date:
09/06/2005
ATTENDANCE
Time:
12:38 PM
to
01:19 PM
Gordon
X
Madden
*
Place:
HCR 0112
McElhany
X
Stengel
X
This Meeting was called to order by
Romanoff
X
Senator
Fitz-Gerald
Fitz-Gerald
X
This Report was prepared by
Cathy Eslinger
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
Request from Interim Committee
Fiscal Information
Cost of Publication
-
-
-
12:39 PM
The meeting was called to order by the chair, Senator Fitz-Gerald. Members present were: Senators Gordon and McElhany and Representatives Romanoff and Stengel. Representative Madden was present after roll call. Staff present were: Kirk Mlinek, Director, Legislative Council Staff, Dan Chapman, Deb Godshall, Ron Kirk, Mike Mauer, Natalie Mullis, Susan Liddle, Jennifer Thomsen, and Cathy Eslinger.
12:39 PM -- Request from the Interim Committee on Rural Economic Development Issues
Representative Hodge, Chair, Interim Committee on Rural Economic Issues, reviewed the request from the interim committee to hold one additional meeting, in addition to its six authorized meetings. The request was also presented in a letter from Representative Hodge to the Executive Committee (Attachment A). A copy of Joint Rule 24A, concerning interim committee requirements, was also distributed to the committee (Attachment B). Ron Kirk, Legislative Council Staff, joined Representative Hodge at the table as the Executive Committee reviewed the rule concerning approval of additional meetings.
BILL:
Request from Interim Committee
TIME:
12:40:54 PM
MOVED:
Fitz-Gerald
MOTION:
Moved to authorize the Interim Committee on Rural Economic Development Issues to hold one additional meeting as requested through a letter to the Executive Committee. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Gordon
Yes
Madden
Yes
McElhany
Yes
Stengel
Yes
Romanoff
Yes
Fitz-Gerald
Yes
Final YES:
6
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
12:41 PM -- Consideration of Fiscal Information in the 2005 Ballot Information Booklet
Harry Zeid, Legislative Council Staff, reviewed the fiscal information for Referendum D to be included in the ballot analysis booklet. A memorandum that included and discussed the fiscal information was provided to the committee (Attachment C). In referencing the memorandum, Mr. Zeid reviewed the fiscal information requirements under the Taxpayer's Bill of Rights (TABOR), which apply to Referendum D in 2005. He also reviewed the data that was included in the memorandum and discussed the budgetary figures that are accounted for in regard to enterprises. He said that the information included the required figures pertaining to existing state bonded debt.
12:45 PM
Douglas Bruce, representing himself, came to the table to discuss the constitutional requirements and the staff memorandum reviewed by Mr. Zeid. Mr. Bruce discussed the language in Article V, Section 1 (7.5) of the state constitution and reviewed requirements for preparation of the fiscal information by the nonpartisan staff. He distributed a copy of the constitutional provisions (Attachment D). Mr. Bruce said that he feels that the Executive Committee does not have a role in reviewing the fiscal information in the ballot information booklet. He noted that the information in the memorandum had not been distributed throughout the process along with the ballot analysis. He said that he feels the fiscal information should be considered part of the analysis.
Mr. Bruce commented on the figures provided in Table 1 in the memorandum and advocated presenting the data, represented in Table B on page 2 of the memorandum, showing adjustments to the base.
12:51 PM
Natalie Mullis, Legislative Council Staff, responded to concerns Mr. Bruce had raised in regard to the figures in Table 1. She said that Table 1 reflects the required audited figures provided by the State Controller's Office. She discussed adjustments to the base in regard to enterprises. Mr. Zeid made further comments about the inclusions in the fiscal information statements.
12:54 PM
Representative Stengel asked additional questions regarding figures in the table and in the text of the analysis. Mike Mauer, Legislative Council Staff, responded to questions and discussed the inclusion of audited numbers in the table. There was discussion of the addition of enterprises since FY 2001-02. Mr. Zeid made further comments on the historical data and the requirements under the constitution.
1:00 PM
Mr. Mauer responded to further questions asked by Representative Stengel. Senator McElhany raised further questions about Table 1 and the additional information provided in the text. Representative Stengel said that he feared that the additional text might be confusing to the voters.
1:03 PM
Charley Pike, Director, Office of Legislative Legal Services, came to the table to respond to questions and said that the constitution provides for the specific information in the table. He noted that the Table 1 is also consistent with prior practice.
BILL:
Fiscal Information
TIME:
01:03:39 PM
MOVED:
Fitz-Gerald
MOTION:
Moved to adopt the fiscal information as prepared by staff for inclusion in the ballot information booklet. The motion passed on a 4-2 roll call vote.
SECONDED:
VOTE
Gordon
Yes
Madden
Yes
McElhany
No
Stengel
No
Romanoff
Yes
Fitz-Gerald
Yes
Final YES:
4
NO:
2
EXC:
0
ABS:
0
FINAL ACTION:
PASS
01:06 PM -- Cost of Publication of the 2005 Ballot Measures in Legal Publications
Kirk Mlinek, Director, Legislative Council Staff, reviewed the provisions for publication of the ballot measures in legal publications. State statutes require the Executive Committee to determine and approve the costs of the publication, which includes an amount for administrative costs incurred by the Colorado Press Service. Mr. Mlinek discussed the level of newspaper participation under the current cost structure. The funding for this publication comes from the Ballot Information and Distribution Revolving Fund, and Mr. Mlinek noted that the Fund is subject to annual appropriations by the General Assembly. Mr. Mlinek indicated that he is seeking approval for a $129,000 expenditure for publication of Referendums C and D in legal publications pursuant to Section 1-40-124, C.R.S.
01:09 PM
Mr. Mlinek said that the total budget for the current year's ballot analysis process is $600,000, including printing, publication, and distribution costs. In response to a question from President Fitz-Gerald, he specified how the budget breaks out in 2005.
01:10 PM
Douglas Bruce, representing himself, came to the table and referred to the 1999 ballot information booklet. He noted that the entire text of the measure in 1999 was provided in the ballot information booklet and in legal publications. Mr. Bruce argued that for 2005 the full text of House Bill 05-1333 should be published both in legal publications and in the ballot information booklet.
01:13 PM
Mr. Mlinek commented on the issue before the Executive Committee as the newspaper publication.
BILL:
Cost of Publication
TIME:
01:14:27 PM
MOVED:
Fitz-Gerald
MOTION:
Move to approve the $129,000 expenditure for publication of the ballot measures in legal publications. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Gordon
Yes
Madden
Yes
McElhany
Yes
Stengel
Yes
Romanoff
Yes
Fitz-Gerald
Yes
Final YES:
6
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
01:15 PM -- Other Business
Mr. Mlinek informed the committee that he had been notified that he would be served in new litigation pertaining to publication of the ballot analysis booklet. Mr. Pike returned to the table to discuss the complaint that had been filed. He said that the complaint was seeking declaratory and injunctive relief against publication of the booklet and that the General Assembly, Gigi Dennis, incoming Secretary of State, and Mr. Mlinek, as the Director of the Legislative Council, were named as defendants. The claim is that the title of the measure is defective, and therefore, seeks injunctive relief to prevent publication of a defective title. The Attorney General had notified the Office of Legislative Legal Services about the claim. Mr. Pike asked whether the Executive Committee would want to authorize retention of counsel through the Office of Legislative Legal Services and the Committee on Legal Services for the purpose of representing the General Assembly and Mr. Mlinek.
BILL:
Authorize Retention of Legal Counsel
TIME:
01:18:41 PM
MOVED:
Gordon
MOTION:
Moved to authorize the Office of Legislative Legal Services to retain counsel for the purpose of defending the General Assembly and Mr. Mlinek in the litigation. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Gordon
Yes
Madden
Yes
McElhany
Yes
Stengel
Yes
Romanoff
Yes
Fitz-Gerald
Yes
Final YES:
6
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
01:19 PM
The committee adjourned.