Final
Cost of Publication
COMMITTEE ON
EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
Votes:
Action Taken:
Move to approve the $129,000 expenditure for publi
Moved to authorize the Office of Legislative Legal
PASS
PASS
01:06 PM -- Cost of Publication of the 2005 Ballot Measures in Legal Publications
Kirk Mlinek, Director, Legislative Council Stff, 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.