First Regular Session

Sixty-second General Assembly

LLS NO. M99­0952.01 Dan Cartin

STATE OF COLORADO

BY SENATOR Powers;

also REPRESENTATIVE Dean.

SENATE JOINT MEMORIAL 99-005

MEMORIALIZING THE MEMBERS OF THE CONGRESS OF THE UNITED STATES TO REFRAIN FROM ENACTING ANY PAY INCREASE FOR MEMBERS OF CONGRESS WITHOUT AN AFFIRMATIVE VOTE OR THAT TAKES EFFECT BEFORE THE FOLLOWING CONGRESS HAS BEEN ELECTED AND FULLY SWORN INTO OFFICE.

WHEREAS, The twenty­seventh amendment to the constitution of the United States, also known as "The Madison Amendment", provides that "No law, varying the compensation for the services of the Senators and Representatives, shall take effect until an election of Representatives shall have intervened."; and

WHEREAS, The twenty­seventh amendment requires that an intervening election be held between the enactment of any congressional pay increase and its subsequent application to any member of Congress; and

WHEREAS, The twenty­seventh amendment's requirement for an intervening election is intended to allow voters in each state and congressional district to obtain direct information regarding salary increases prior to the reelection of incumbents or the election of others in their stead; and

WHEREAS, Salary increases for members of Congress currently are regulated by "The Government Ethics Reform Act of 1989," ("The Act") pursuant to 2 U.S.C. sec. 31; and

WHEREAS, The Act gives members of Congress an immediate one­time salary increase and, in subsequent years, an annual cost of living adjustment increase to salaries or pensions; and

WHEREAS, Such annual cost of living adjustment is established in accordance with federal law and incorporated in an executive order of the President in December of each year to establish salary increases that are put into effect on January 1 of the next year; and

WHEREAS, Through the automatic operation of the cost of living adjustment provisions, congressional salaries have been increased on the first day of January for several years; and

WHEREAS, Without the action of legislation, each Congress effectively and automatically enacts for itself a cost of living adjustment salary increase in violation of the twenty­seventh amendment; and

WHEREAS, When each year's cost of living adjustment increase is paid on the following January 1 to members of Congress, former members, or spouses of deceased members without the process of an intervening election, the twenty­seventh amendment is violated; now, therefore,

Be It Resolved by the Senate of the Sixty­second General Assembly of the State of Colorado, with the House of Representatives concurring herein:

That the General Assembly hereby expresses its opposition to automatic annual cost of living adjustment salary increases for members of Congress of the United States as violative of the twenty­seventh amendment to the United States Constitution and hereby memorializes the Congress to refrain from enacting any pay increase for members of Congress without an affirmative vote or that takes effect before the following Congress has been elected and fully sworn into office.

Be It Further Resolved, That copies of this Memorial be sent to the President of the United States, the President of the Senate and the Speaker of the House of Representatives of the Congress of the United States, and to each member of the Congressional delegation representing the state of Colorado.