Date: 09/06/2006

Final
Referendum J

COMMITTEE ON LEGISLATIVE COUNCIL

Votes: View--> Action Taken:
Amend the final staff draft by separating the analPASS


11:43 AM -- Referendum J/Amendment 39

Chris Ward, Legislative Council Staff, came to the table to explain the ballot analysis for Referendum J and Amendment 39, concerning school district spending requirements. He walked through the summary and analysis and the arguments for and against the measure.

11:47 AM

Mr. Ward explained that combining the two measures would eliminate repetition in the blue book since the measures contain many of the same requirements. Mr. Ward responded to questions from the committee regarding what would happen if both measures were to pass, noting that districts would presumably have to comply with both measures, but noting that it would be up to the court to decide if a challenge were filed. Generally, he said, the constitutional provisions of Amendment 39 would supersede the statutory provisions of Referendum J. Speaker Romanoff asked that Legislative Legal Services staff be called to comment on that point. Speaker Romanoff stated that he would like to separate the two measures, rather than having them combined in one portion of the blue book. There was discussion about separating the measures.
BILL:Referendum J
TIME: 11:56:41 AM
MOVED:Romanoff
MOTION:Amend the final staff draft by separating the analysis of the two measures, while giving a reference in the blue book to where the other measure is located in the booklet. The motion passed on a 16-1-1 roll call vote.
SECONDED:Groff
VOTE
Butcher
Yes
Cadman
Yes
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Yes
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
Yes
Romanoff
Yes
Not Final YES: 16 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS




12:00 PM

The following person testified:

Tony Salazar, representing Coloradans for Excellent Schools, testified. He asked the committee not to make any substantive changes to the ballot analysis. He responded to a question from Senator Windels, noting that an emphasis on the fact that one measure proposes a constitutional change and the other a statutory change is good. President Fitz-Gerald asked Mr. Salazar to comment on comments provided by Vicki Newell, who commented that bot measures may violate the local control provisions of the state constitution. Senator Spence commented on the issue of local control as well.


12:03 PM

Speaker Romanoff stated that consideration of the final staff draft of the ballot analysis would remain open pending the opportunity for a member of Legislative Legal Services staff to comment on what would happen if both measures pass. The committee recessed.