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May 11, 2012 12:41 AM UTC

Details on Special Session Released

  • 32 Comments
  • by: Colorado Pols

Gov. John Hickenlooper today officially called a special legislative session, to begin on Monday, that will cover seven legislative issues that died in the House when Speaker Frank McNulty ran out the clock (full press release after the jump). Those seven issues are:

  • Funding of Colorado Water Conservation Board projects.
  • Penalties for persons who drive while under the influence of alcohol or drugs.
  • Authorization of civil unions.
  • Administration of the unemployment insurance program to stabilize unemployment insurance rates, facilitating the issuance of unemployment revenue bonds and accelerating the creation of the Division of Unemployment Insurance in the Department of Labor and Employment.
  • Creating “benefit corporations” in Colorado.
  • Registering Special Mobile Machinery Fleets.
  • Submitting to the registered electors of the State of Colorado an amendment to the Colorado Constitution repealing provisions deemed obsolete.
  • While all eyes will be on the vote to determine Special Mobile Machinery Fleets, the authorization of civil unions will probably also get some attention.

    DENVER ­- Thursday, May 10, 2012 – Gov. John Hickenlooper today called the General Assembly to meet in special session beginning Monday to consider seven legislative issues the Colorado House of Representatives failed to act on earlier this week.

    “Much of this legislation had significant bipartisan support and addressed subject matter crucial to the people of Colorado and the effective, efficient operation of state government,” Hickenlooper wrote in an Executive Order. “The ramifications of the General Assembly’s inability to take up the business of its people will negatively impact the State of Colorado and hamper its ability to serve its people. These extraordinary circumstances require a special session of the General Assembly.”

    The governor’s Executive Order, by law, does not prescribe the specific form that the legislation should take; rather, it defines the appropriate subject matter for legislative consideration.

    “There was good legislation that did not pass out of the General Assembly for one reason or another during the recently-concluded session,” Hickenlooper wrote. “We are limiting the agenda for this special session, however, to the subject matters of legislation that died on the Colorado House calendar on May 8, 2012, for lack of a full debate and vote on second reading, clearly had bipartisan support in the legislature, and advance good government and economic development, public safety, or other important policy objectives.”

    The seven specific subjects that should be considered in the special session are:

    ·         Funding of Colorado Water Conservation Board projects.

    ·         Penalties for persons who drive while under the influence of alcohol or drugs.

    ·         Authorization of civil unions.

    ·         Administration of the unemployment insurance program to stabilize unemployment insurance rates, facilitating the issuance of unemployment revenue bonds and accelerating the creation of the Division of Unemployment Insurance in the Department of Labor and Employment.

    ·         Creating “benefit corporations” in Colorado.

    ·         Registering Special Mobile Machinery Fleets.

    ·         Submitting to the registered electors of the State of Colorado an amendment to the Colorado Constitution repealing provisions deemed obsolete.

    The General Assembly determines how long the special session will last. The cost to taxpayers is $23,500 per day; there are 15 days already budgeted in the current fiscal year.

    Comments

    32 thoughts on “Details on Special Session Released

    1. Penalties for persons who drive while under the influence of alcohol or drugs.

      Or is this just a bullshit way of saying, “We’re not really adding any new penalties for alcohol users or for prescription drug users (who got the Big Pharma pass), just for marijuana users”?

      1. To Canines: Yes, this is the same pot DUI bill and, it is bullshit.

        In addition to the civil unions issue, the special session will also address “holding drivers under the influence of marijuana… to the same standards as those applied to drivers under the influence of alcohol.”

        Great idea, except there is no such agreed upon standard for marijuana.  Instead, it is clear that a law will be passed out of this special session that sets severe criminal penalties for driving with practically any THC in the blood system without any connection to safe driving!

        This begs at least one question:  Would even an occasional marijuana user who also happens to be gay/lesbian end up better or worse after this special session?  On the one hand, they would have some rights established regarding civil unions.  On the other hand, they would be at risk of severe criminal penalties if they happen to be pulled over for a driving infraction.

        I cannot understand why a Democratic governor would choose, and it was a choice, to pull this pot DUI bill out of the heap of unpassed legislation and include it in the special session.  Perhaps Hickenlooper’s conscience about the mayhem his bars have caused has something to do with it.

        (Double posted from Open Line Friday because I think it’s that important.  So there.)

    2. Since this is a special session which specifically names the authorization of civil unions as a subject to be considered, can McNulty play any games to prevent it from coming to the floor for a vote?

      1. “The General Assembly determines how long the special session will last.”  What does that mean?  Does the session end when there is a vote on all pending matters, upon majority vote, or by some other procedure?

          1. This was in Hick’s order calling the session. And nit is the minimum amount of time needed to pass a bill.

            To the questions of shenanigans, yes. McNulty can do several things to derail civil unions. He can send it to State Affairs where it will almost certainly die; he could plan games with bring up for a vote or for debate on teh floor like last time (like that worked out so well for him).

            Given his actions during regular session, I do not forsee civil unions passing the special either. Not because it doesn;t have the votes, but because McNulty will kill it procedurely.

        1. McNulty can simply end the session after X days.  One of the reasons Hickenlooper stuck that “we already have 15 days budgeted for a special session” bit at the end is to minimize any griping about wasting taxpayer money – it’s in the budget already.

      2. He could do a variety of things, most likely stacking a committee with solid no votes. If he wants to play it straight and allow an up or down vote, he loses and looks like more of a jackass than he already does.

        He really painted himself in a corner and now appeases his anti-gay base, or proves to everyone once and for all he knows very little about leadership and governance.

          1. Both can replace committee members whenever the hell they want.

            It’s good to be king.

            McNulty did it a couple times during the session. I don’t think Schafer did.  

            1. If so, what are the chances one of the yes-vote Republicans switches parties for the special session and dethrones McNulty? Both Nikkel and Beezley have nothing to lose.  

              1. I couldn’t find anything about that in the House, Senate, or General Legislative rules, but Article IV Section 9 of the Constitution says,

                Governor may convene legislature or senate.  

                The governor may, on extraordinary occasions convene the general assembly, by proclamation, stating therein the purpose for which it is to assemble; but at such special session no business shall be transacted other than that specially named in the proclamation.  He may by proclamation, convene the senate in extraordinary session for the transaction of executive business.

                (Emphasis mine)

                That would seem to rule out electing a Speaker.

                Didn’t see anything on a quick trip through Title 2 of the statutes either, maybe someone else can find it.

                Everything you always wanted to know about special sessions here.

                1. According to the FAQ in the link provided above, during a Special Session of the General Assembly, the Rules of the House and Senate are in effect as with any other session. I would take that to mean that if the majority party within the House were to shift, members of the new majority could present a motion to elect a new Speaker. The very fact of a change in the partisan make-up would create a situation where the Majority/Minority leaders would change. I would argue that a motion to elect a new Speaker would be in order and the new majority could force a vote. If my rationale is correct, it could give Representative Bradford a unique opportunity for pay-back!

      1. Who needs benefit corporations anyway? They already get enough benefits and shouldn’t have their own corporations giving them any more!!

        🙂

          1. I read that bill and it still doesn’t make sense. It sounds like a corporation that can manage benefits, such as health insurance and 401k, but I really don’t know. The bill was introduced late in the session and had strong bipartisan support – so I’m assuming they’re benign.

            SB 155, the bill Dan spoke of, was amended into another open records bill, HB 1208?, so it survived and did not need to be resurrected.  

              1. But it seems the ballot access bill regulations did get passed. I have not gone through the final language yet with a fine tooth come, but on at first blush it looks like we may have avoided a lot of unnecessary law suits. Something I am always in favor of.

            1. Benefit corporations establish a corporate entity that’s sole goal is not to maximize profits for shareholders above all else, but to provide a societal benefit as its number one priority.  

        1. is not a place to go looking for good writing. But it isn’t too surprising about the scathing part.

          Things are getting weird over here in Mesa County. The republican party/ Tea Party schism is getting pretty ugly in places. The state party leadership has pretty much had their fill of western slopers.  

          Also, Laura Bradford has a lot of friends around here and I’m sure those at the paper are delighted to take the opportunity to kick McNutly in the shins for her.  

    3. What are the procedural options that the House could convene and member could call for leadership elections and a Coalition of the Reasonable could be formed?

      And then would any of the more independent Republicans have any stomach for this kind of arrangement?

      Because I don’t see Civil Unions being given a fair hearing in this special session.

      1. Hell, let’s make Rep. Nikkel Speaker for the special session. I don’t know the procedural rules for changing leadership. There must be a way to boot leadership if they’re only serving a legislative minority. And considering the limited nature of this special session the timing would be perfect for a mini-coup d’etat in the House.

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