AGO 84-21.
Case Date: | November 28, 1984 |
Court: | Colorado |
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Colorado Attorney General Opinions
1984.
AGO 84-21.
November 28, 1984Department of
Law
Attorney General Opinion FORMAL
OPINION of DUANE WOODARD
Attorney General Opinion No. 84-21
AG Alpha
No. LE HR AGANZ The Honorable
Carl B. Bledsoe
Speaker of the Colorado House of
Representatives
State Capitol
Denver, Colorado 80203
RE: Appointment of members to
the Joint Budget CommitteeDear Representative Bledsoe:
I write in response to your request for my opinion about the
appointment of the membership of the Joint Budget Committee.
QUESTION PRESENTED AND CONCLUSION
Who is the appointing authority for the house members of the
Joint Budget Committee?
It is both a power and duty of the speaker of the house to
appoint the house members of the Joint Budget Committee, consistent with the
requirements of section 2-3-201, C.R.S. (1980).
ANALYSIS
The Joint Budget Committee is established by statute. Section
2-3-201(1), C.R.S. (1980). Its members are to be chosen "in each house in the
same manner as members of other standing committees" with the limitation that
the membership must "consist of the chairman of the House Appropriations
Committee plus one majority party member and one minority party member thereof,
and the chairman of the Senate Appropriations Committee plus one majority party
member and one minority party member thereof." Id. The term "standing
committee" is not expressly defined in the statute, but it is a term of common
usage referring to any committee appointed to consider all of the legislative
business falling within the category of matters over which it has been given
jurisdiction. See Black's Law Dictionary, 248 (5th ed. 1979). Within certain
constraints, the statute therefore leaves the ultimate choice of the members of
the Joint Budget Committee to each house of the general assembly.
The Constitution of Colorado creates each house of the general
assembly with the power to determine the rules of its proceedings. Colo. Const.
art. V, secs. 1 and 12. Similarly, each house has statutory authority to adopt
rules for the orderly conduct of its affairs. Section 2-2-404, C.R.S. (1980).
The manner of appointing members to the committees of each house of the general
assembly is prescribed by rules promulgated for that purpose.
Rule 3(b)(8) of the Rules of the House of Representatives of the
Colorado General Assembly...
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